PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 00-23-132 filed with the code reviser on November 22, 2000. The commission brings this proceeding pursuant to RCW 81.04.160, 81.77.030, and 80.01.040.
2 STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C [43.21C] RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
3 DATE OF ADOPTION: The commission adopts these rules on the date this order is entered.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.
5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and staff recommendations in each of those areas.
6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing, held December 27, 2000, and at the open meetings where the commission considered whether to begin a rule making, held March 24, 1999, and whether to propose adoption of specific language, held November 29, 2000. Together, these documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.
7 REFERENCE TO AFFECTED RULES:
8 This order adds the following new sections to chapter 480-70 WAC:
PART 1 -- GENERAL ADMINISTRATIVE RULES
| WAC 480-70-001 | Purpose of chapter. |
| WAC 480-70-006 | Application. |
| WAC 480-70-011 | Exempt operations. |
| WAC 480-70-016 | Determination of authority required to transport specific commodities or provide specific services. |
| WAC 480-70-021 | Additional requirements. |
| WAC 480-70-026 | Severability. |
| WAC 480-70-031 | Resolving disputes about the meaning of these rules. |
| WAC 480-70-036 | Rules of practice and procedure. |
| WAC 480-70-041 | Definitions, general. |
| WAC 480-70-046 | Change of address or telephone number. |
| WAC 480-70-051 | Exemptions from rules. |
| WAC 480-70-056 | Mapping. |
| WAC 480-70-061 | Records retention. |
| WAC 480-70-066 | Accounting requirements. |
| WAC 480-70-071 | Reporting requirements. |
| WAC 480-70-076 | Regulatory fees. |
| WAC 480-70-081 | Certificates, general. |
| WAC 480-70-086 | Certificates, application fees. |
| WAC 480-70-091 | Certificates, applications. |
| WAC 480-70-096 | Certificates, acquisition of control. |
| WAC 480-70-101 | Certificates, initiating service. |
| WAC 480-70-106 | Certificates, application docket, protests, and intervention. |
| WAC 480-70-111 | Certificates, overlapping applications. |
| WAC 480-70-116 | Certificates, sale, lease, assignment, transfer or mortgage. |
| WAC 480-70-121 | Certificates, name change. |
| WAC 480-70-126 | Certificates, refiling of application prohibited for six months. |
| WAC 480-70-131 | Certificates, temporary. |
| WAC 480-70-136 | Certificates, temporary, expedited application. |
| WAC 480-70-141 | City service and cancellation of certificated authority. |
| WAC 480-70-146 | Contracts. |
| WAC 480-70-151 | Service agreements between companies. |
| WAC 480-70-156 | Contracts or service agreements with third-party waste brokers. |
| WAC 480-70-161 | Suspending certificates. |
| WAC 480-70-166 | Canceling certificates. |
| WAC 480-70-171 | Certificates, reinstatement. |
| WAC 480-70-176 | Certificates, discontinuance of operations. |
| WAC 480-70-181 | Public liability and property damage insurance. |
| WAC 480-70-186 | Insurance cancellation. |
| WAC 480-70-191 | Vehicle licensing. |
| WAC 480-70-196 | Commercial vehicle defined. |
| WAC 480-70-201 | Vehicle and driver safety requirements. |
| WAC 480-70-206 | Motor vehicle identification. |
| WAC 480-70-211 | Leasing vehicles. |
| WAC 480-70-216 | Commission compliance policy. |
| WAC 480-70-221 | Sanctions for operating without a valid certificate. |
| WAC 480-70-226 | Tariffs, definitions used in. |
| WAC 480-70-231 | Tariffs, general. |
| WAC 480-70-236 | Tariffs, all companies must file tariff and must comply with the provisions of approved tariffs. |
| WAC 480-70-241 | Tariffs, content. |
| WAC 480-70-246 | Tariffs, posting. |
| WAC 480-70-251 | Tariffs, rates and charges, general. |
| WAC 480-70-256 | Tariffs, rejection. |
| WAC 480-70-261 | Tariffs requiring one-day notice to the commission. |
| WAC 480-70-262 | Tariffs requiring seven-day notice to the commission. |
| WAC 480-70-266 | Tariffs requiring notice forty-five-day to the commission. |
| WAC 480-70-271 | Customer notice requirements. |
| WAC 480-70-276 | Tariffs, less than statutory notice handling. |
| WAC 480-70-281 | Tariffs, format and size requirements. |
| WAC 480-70-286 | Tariffs, changes must be identified. |
| WAC 480-70-291 | Tariffs, title pages. |
| WAC 480-70-296 | Tariffs, page format. |
| WAC 480-70-301 | Tariffs, maps. |
| WAC 480-70-306 | Tariffs, rules. |
| WAC 480-70-311 | Tariffs, changes. |
| WAC 480-70-316 | Tariffs, supplements. |
| WAC 480-70-321 | Tariffs, filings after name change or change in ownership. |
| WAC 480-70-326 | Tariffs, filing procedures. |
| WAC 480-70-331 | Tariffs, approval. |
| WAC 480-70-336 | Tariffs, free and reduced rates. |
| WAC 480-70-339 | Tariffs, suspension by the commission. |
| WAC 480-70-341 | Pass-through disposal fees. |
| WAC 480-70-346 | Rates, general rate increases and fuel cost update. |
| WAC 480-70-351 | Rates, recycling programs, credits, or charges. |
| WAC 480-70-361 | Availability of information. |
| WAC 480-70-366 | Refusal of service. |
| WAC 480-70-371 | Service cancellation, customer. |
| WAC 480-70-376 | Service cancellation, company. |
| WAC 480-70-381 | Reinstatement of service following cancellation. |
| WAC 480-70-386 | Complaints. |
| WAC 480-70-391 | Credits as compensation in consumer complaints or problems. |
| WAC 480-70-396 | Billing. |
| WAC 480-70-401 | Payment options. |
| WAC 480-70-406 | Refunds. |
| WAC 480-70-411 | Establishing credit and deposits. |
| WAC 480-70-416 | Prepayments, temporary container and drop-box service. |
| WAC 480-70-421 | Fair use of customer information. |
| WAC 480-70-426 | Biomedical waste, purpose. |
| WAC 480-70-431 | Biomedical waste, adoption of federal regulations. |
| WAC 480-70-436 | Biomedical waste, operational requirements. |
| WAC 480-70-441 | Biomedical waste, training requirements. |
| WAC 480-70-446 | Biomedical waste, cooperative agreements. |
| WAC 480-70-451 | Biomedical waste, packaging and containment. |
| WAC 480-70-456 | Biomedical waste, transfer to off-site treatment and disposal facilities. |
| WAC 480-70-461 | Biomedical waste, compaction not allowed. |
| WAC 480-70-466 | Biomedical waste, vehicle requirements. |
| WAC 480-70-471 | Biomedical waste, shipping-paper requirements. |
| WAC 480-70-476 | Biomedical waste, inspections. |
| WAC 480-70-481 | Hazardous waste, purpose. |
| WAC 480-70-486 | Hazardous waste, adoption of federal regulations. |
| WAC 480-70-999 | Adoption by reference. |
| WAC 480-70-010 | Communications. |
| WAC 480-70-020 | Documents -- When filed. |
| WAC 480-70-030 | Remittances. |
| WAC 480-70-040 | Change of address. |
| WAC 480-70-050 | Definitions. |
| WAC 480-70-055 | Adoption by reference defined. |
| WAC 480-70-060 | Licenses. |
| WAC 480-70-070 | Certificates, no operation without. |
| WAC 480-70-080 | Operation under trade name. |
| WAC 480-70-090 | Certificates, must be filed main office. |
| WAC 480-70-100 | Certificates, secured by false affidavit. |
| WAC 480-70-110 | Certificates, sale, etc. |
| WAC 480-70-120 | Certificates, application for. |
| WAC 480-70-130 | Temporary certificates, application for. |
| WAC 480-70-140 | Certificates, description, hearing for clarification. |
| WAC 480-70-150 | Certificates, applications -- Notice to existing carriers. |
| WAC 480-70-155 | Contemporaneous applications. |
| WAC 480-70-160 | Certificates, qualifications for. |
| WAC 480-70-170 | Certificate, must abide by. |
| WAC 480-70-180 | Certificate, sale, etc. |
| WAC 480-70-190 | Miscellaneous fees. |
| WAC 480-70-200 | Certificates, duplicates. |
| WAC 480-70-210 | Certificates, reinstatement. |
| WAC 480-70-220 | Application fees forfeited-denied application, no renewal for six months. |
| WAC 480-70-230 | Dual operation. |
| WAC 480-70-240 | Tariff, naming rates and charges. |
| WAC 480-70-245 | Agreements to operate certificates. |
| WAC 480-70-250 | Insurance. |
| WAC 480-70-260 | Insurance endorsement. |
| WAC 480-70-270 | Insurance termination. |
| WAC 480-70-280 | Surety bond. |
| WAC 480-70-290 | Equipment of motor vehicles. |
| WAC 480-70-300 | Motor vehicles, identification. |
| WAC 480-70-310 | Motor vehicles, safety, sanitary, inspection. |
| WAC 480-70-320 | Motor vehicles, safe operation. |
| WAC 480-70-325 | Equipment -- Inspection -- Ordered for repairs. |
| WAC 480-70-330 | Drivers, hours of work. |
| WAC 480-70-335 | Out-of-service criteria. |
| WAC 480-70-340 | Annual fee. |
| WAC 480-70-350 | Accounts -- Uniform system adopted -- Reports. |
| WAC 480-70-360 | Contracts. |
| WAC 480-70-370 | Disabled motor vehicles -- Substitution. |
| WAC 480-70-380 | Equipment -- Order for repairs. |
| WAC 480-70-390 | Discontinuance of service, commission approval required. |
| WAC 480-70-400 | Driver qualifications, hazardous materials transportation, and equipment safety. |
| WAC 480-70-405 | Accident reporting. |
| WAC 480-70-410 | General application of rules. |
| WAC 480-70-420 | Penalty assessments. |
| WAC 480-70-430 | Rules, waiver. |
| WAC 480-70-440 | Solid waste collection companies statute applicable. |
| WAC 480-70-500 | Operational requirements. |
| WAC 480-70-510 | Training requirements. |
| WAC 480-70-530 | Packaging and containment. |
| WAC 480-70-540 | Transfer of biohazardous or biomedical waste to off-site treatment and disposal facilities. |
| WAC 480-70-550 | Shipping paper requirements. |
| WAC 480-70-560 | Insurance requirements. |
| WAC 480-70-570 | Reporting of accidents. |
| WAC 480-70-700 | Availability of information. |
| WAC 480-70-710 | Discontinuance of service. |
| WAC 480-70-720 | Reinstatement of service following discontinuance. |
| WAC 480-70-730 | Refusal of service. |
| WAC 480-70-740 | Refusal or discontinuance of service to premises because of former occupant's unpaid account. |
| WAC 480-70-750 | Deposits. |
| WAC 480-70-760 | Refunds -- Other than deposits. |
| WAC 480-70-770 | Form of bills. |
| WAC 480-70-780 | Pass through disposal fees. |
| WAC 480-70-790 | Complaints and disputes. |
11 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The preproposal statement of inquiry advised interested persons that the commission was considering opening a rule making on chapter 480-70 WAC, the purpose of which was:
(a) To review rules relating to the regulation of for-hire solid waste collection companies for clarity, intent and statutory authority, need, effectiveness and efficiency, coordination, cost, and fairness, and
(b) To provide clear, objective standards and guidance to the regulated solid waste collection industry, the consumers they serve, and other entities that interact with the companies by ensuring that the rules relating to the regulation of the for-hire solid waste industry are clear and concise.
12 The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending written notice to: All known organizations representing consumers; all known associations and organizations with interest in solid waste, medical waste, and/or recycling issues; Washington granges; all companies holding solid waste collection authority on March 26, 1999; Washington hospitals and hospital associations; consumers who had filed complaints with the commission in the year preceding March 26, 1999; known transportation attorneys; Washington city governments; Washington county governments; Washington Chambers of Commerce; and accountants and consultants representing solid waste or recycling companies.
13 Pursuant to the notice and prior to any drafting processes, the commission sponsored meetings at various locations throughout the state to discuss the pending rule making. Two separate meetings were held at each location. One meeting discussed issues related to transport of biohazardous solid waste. The second discussed other solid waste issues. Meetings were held in Vancouver on May 17 and 18, 1999, in Yakima on May 19, 1999, in Spokane on May 20 and 21, 1999, and in Everett on May 24, 1999.
14 Commission staff developed an issues paper that was distributed to stakeholders before the meetings, concurrent with service of the CR-101. The issues paper detailed suggestions as to rules that should be retained, rules that should be repealed, rules that should be amended, and issues that should result in additional rules. Commission staff and stakeholders used the issues paper at the meetings as to focus and stimulate discussion. Stakeholders assisted staff in refining the issues paper to use as a tool in drafting proposed rule amendments.
15 Attending the Vancouver meetings were: Kathy Kiwala, Clark County Solid Waste; Tami Kihs, City of Vancouver; Jim Kalkus, LeMay Enterprises; Nanette Walker, CPA; Gary McLeskey, Cascade Container Fabricating Co.; Jeff Ribach, Vancouver City Attorney's Office; J. P. Jones, Washington Refuse and Recycling Association (WRRA); James Sells, WRRA; Scott Carlson, Clark County; Gary Bickett, Southwest Washington Health District; Rich McConoghy, City of Vancouver; Michael Davis, Lewis County Solid Waste; Toni Clement, Mason County; Mike Vail, Pacific Coast Shredding; Joe Jimenez, Stericycle; Ted Lehman, Skamania County; Weldon Burton, CPA; David W. Wiley, Williams, Kastner & Gibbs; and, Eric Merrill, Waste Connections, Inc.
16 Attending the Yakima meetings were: Scott Robertson, Yakima Waste Systems, Inc.; Tony Segale, Yakima Waste Systems, Inc.; Steve Wheatley, Yakima Waste Systems, Inc.; Darlene Frye, Department of Ecology, Solid Waste & Financial Assistance; James Sells, WRRA; J. P. Jones, WRRA; Matt Zybas, City of Richland; Glen Austin, Zippy Disposal Service; Leonard Dietrich, Basin Disposal, Inc.; Mark Wash, Consolidated Disposal Services, Inc.; and, Mike Dietrich, Consolidated Disposal.
17 Attending the Spokane meetings were: Ben Haworth, Sacred Heart Medical Center; Damon Taam, Spokane Regional Solid Waste System; Joe Jimenez, Stericycle; J. P. Jones, WRRA; James Sells, WRRA; Scott Windsor, Spokane Solid Waste Management; Joe Destefano, consumer; Clifford Couse, Couse's Sanitation and Recycling; Shirley Couse, Couse's Sanitation and Recycling; Frank Lawhead, Empire Disposal, Inc.; Marc Torre, Sunshine Disposal, Inc.; Richard Koss, Ada-Lin Waste Systems, Inc.; Michael Hibbler, Department of Ecology; Michael Torre, Sunshine Disposal; Bill Stansberry, Waste Management; and, Devon Felsted, Pullman Disposal.
18 Attending the Everett meetings were: Ed Nikula, Sanitary Services, Inc.; Peter Christiansen, Department of Ecology; Terry Gillis, Recovery 1, Inc; Bob Jones, King County; John Lloyd, LeMay Enterprises; Judy Almberg, Nexus Communication; Bill Rowe, University of Washington; Robert Culver, Nalley's Fine Foods; Tarry Mercer, Grayhawk; John Brigham, Northwest Waste; Jamie Cole, Democon; Larry Wilson, Democon; Terry Becker, Waste Management; JoAnn Zerfoss, Waste Management; Stephen Wamback, Pierce County; Allen Stafford, Kleensweep; James Wilson, Rabanco; Jeff Kelley-Clarke, Snohomish County; Ken Roberts, Kenco; Shirley Roberts, Kenco; Stan Hanen, Institute of Scrap Recycling Industries and Seattle Iron; John Swartz, Washington Trucking Associations, Dump Truck Conference; Tom Rubatino, Rubatino Refuse Removal; Nels Johnson, Rabanco; Bob Schille, Waste Management; Bob Cole, Cole Associates; Ed Rubatino, Rubatino Refuse Removal; Linda Kay Dennis, Smedes & Associates; Evelyn Nicholson, Sound Disposal; Jerry Smedes, Smedes & Associates; Don Hawkins, Murrey's Disposal; Norm LeMay, LeMay, Inc.; Don Kuzmer, Metals Express; Mark Buscher, King County Solid Waste; Rodney Gilroy, Overboard Express; Tracey Gilroy, Overboard Express; J. Crosse, New West Gypsum, Dave Bonyouloir, Island County; Jeff Brown, EA, Inc.; Polly McNeill, Summit Law Group; David W. Wiley, Williams, Kastner & Gibbs; J. P. Jones, WRRA; David Bader, CCR; Troy Laudenbach, T & T Recovery; Mike Weinstein, Waste Management; Jeff West, Waste Management; Brad Rinker, Northwest Metals; Tom Cantrell, Metier Construction; Chuck Merritt, BFI; Sandra Waalk, BFI, Gary Gorsha, Harborview Medical Center; Robb Menaul, Washington State Hospital Association; Rose Goulet, Rubatino Refuse Removal; Ed Halasz, Whatcom County Health and Human Services; George Sidles, Department of Ecology; Marc Krueger, City of Anacortes; Calvin DenHartog, Nooksack Valley Disposal and San Juan Sanitation; Sonia Wright, Eastside Hauling, Inc.; Shawn Doherty, Construction Waste Management; and, David Firimoto, City of Issaquah.
19 Comments at these meetings addressed:
20 (a) Annexation and incorporation. Requested results: That rules resolve ambiguities in recent legislation and make clear to all parties the commission's interpretation of the statute, define the processes the commission will use in canceling certificate authority, and define the roles of the commission, the cities, and the carriers.
21 (b) Customer notice requirements. Requested results: That rules address notice required on rate decreases and other rate filings, allow flexibility so that carriers may comply with directions of local jurisdictions, and encourage cooperation with local jurisdictions in notice issues. Further, that rules strike a balance between ensuring sufficient information allowing consumers to make informed service choices versus the process not being unduly burdensome on carriers.
22 (c) Definitions. Requested results: That the new rules clearly define the terms "recyclable materials," "incidental," "source-separated," "Class A, B, and C carriers," "private carriers/carriage," "specialized carriers," "solid waste," and "construction, demolition, and land-clearing debris."
23 (d) Compliance and enforcement. Requested results: That rules include information on how the commission will handle consumer complaints as well as company-versus-company complaints, that compliance practices be consistent, and that the rules list consequences of noncompliance with laws and rules. Further, that the rules provide adequate sanctions for illegal haulers, are less punitive toward regulated carriers, and provide for adequate consumer protection.
24 (e) Consumer education. Requested results: That the rules encourage cooperation with local jurisdictions to foster educational programs, validate local jurisdictions' education programs, and encourage companies to use the commission's consumer brochure and build upon it to provide adequate information to customers as to their rights and responsibilities.
25 (f) County authority. Requested results: That the commission support providing counties with the authority to operate in the same manner that is now allowed cities. That rules clarify the activities that are under the commission's authority to regulate versus what is under counties' authority to regulate. That the rules allow for greater flexibility in relationships between carriers and counties.
26 (g) Rates. Requested results: That the commission encourage flexibility and innovation in ratemaking, recognize rate-setting methodologies mandated by county solid waste plans, and allow for additional pilot programs.
27 (h) Free and reduced rates. Requested results: That decisions rendered in a recent commission declaratory ruling on this subject be reflected in the rules.
28 (i) Medical waste. Requested results: That the new rules are consistent with rules of other regulatory jurisdictions, that definitions are uniform, and that federal statutes and rules be recognized.
29 (j) Consumer rules. Requested results: That the rules allow for differing treatment of temporary accounts than is required for permanent service, allowing carriers to require prepayment before providing service to temporary accounts, allowing carriers to accept credit cards for payment of bills, and allowing carriers to refuse to serve companies with past due accounts.
30 (k) Third-party waste brokers. Requested results: That the rules identify these companies and clearly define the permissible interaction between the brokers and the carriers.
31 (l) Privacy of customer information. Requested results: That the rules clearly and adequately define fair use of customer information.
32 (m) Dump truck operations versus solid waste collection and transportation. Requested results: That the rules clearly define those instances when a dump truck operator may transport solid waste without a certificate and those instances for which a certificate is required.
33 Following completion of these four meetings and review of comments from those meetings, commission staff prepared a rough draft of proposed rule amendments. This draft incorporated suggestions from the issues paper and comments from the stakeholder meetings. The draft was served to interested persons for comment.
34 Pursuant to notice, the commission sponsored meetings in Fife on December 14, 1999, and in Yakima on December 16, 1999, to discuss the rough draft.
35 Attending the Fife meeting were: Ed Nikula, Sanitary Service Company, Inc.; Peter Guttchen, City of Olympia; Evelyn Nicholson, Sound Disposal; Ed Rubatino, Rubatino Refuse; Tom McCabe, City of Port Angeles; Gorden Walgren, WRRA; David W. Wiley, Williams, Kastner & Gibbs; Damon Defrates, Brem-Air Disposal; Calvin Den Hartog, Nooksack Valley Disposal; John Swartz, Washington Trucking Associations, Dump Truck Conference; Ron Larson, Rabanco; Jim Wilson, Rabanco; Ron Rosenbloom, Association of Washington Cities; Polly McNeill, Summit Law Group; Troy Lauterbach, T & T Recovery, Inc.; Michele Jenkins, Whatcom County Health Department; Mike Weinstein, Waste Management; Norman LeMay, LeMay, Inc.; John Lloyd, LeMay, Inc.; Bob Schille, Waste Management; Laura Reisdorph, Washington Refuse and Recycling Association; Don Hawkins, Murrey's Disposal; Irmgard Wilcox, American Disposal; Kathy Kiwala, Clark County Solid Waste; Carol Devenir-Moore, Clark County Solid Waste; Rob Van Orson, City of Federal Way; Bob Cole, Cole & Associates; Eric Merrill, Waste Connections; James Sells, WRRA; Malcolm Eftin, Stericycle; and Michelle Tsalaky, Thurston County Solid Waste Division.
36 Attending the meeting in Yakima were: Dennis Nally, City of Walla Walla; Scott Robertson, Yakima Waste Systems; Keith Kovalenko, Superior Refuse Waste Connections; Dana Christianson, Methow Valley Disposal; Steve Wheatley, Yakima Waste Systems; Mark Wash, Consolidated Disposal Service; Don Davidson, Methow Valley Sanitation Service; Glen Austin, Zippy Disposal Service; Loretta Lammarchi, Yakima County Solid Waste Division; Paul Glasgow, Rabanco/Allied Waste; Teresa Eturaspe, Yakima County Solid Waste Division; Matt Zybus, City of Richland; David W. Wiley, Williams, Kastner & Gibbs; Ron Draggoo, Douglas County Solid Waste; and, Dennis Henne, City of Union Gap.
37 During the meetings to discuss the rough draft, oral comments addressed the following issues:
38 (a) Billing. Requested results: That the commission not require companies to disclose as line items all services provided and instead allow companies to bill a single rate, with rates for services such as yard waste and recycling embedded in that single rate.
39 (b) Rate setting. Requested results: That rate-making issues be separated from the rule-making process and be handled in a policy forum such as a notice of inquiry. Include in that policy forum discussion of the commission allowing incentive rates and linear rates rather than staying with cost-of-service ratemaking. Further, include in that forum technical issues such as audit practices and depreciation schedules.
40 (c) Competitive commercial class of company. Requested results: That the proposal to institute a new classification of company, competitive commercial service, not be included [in] the rules. The provisions to establish a competitive commercial classification resulted in a number of comments expressing adamant opposition to this new type of service.
41 (d) Definitions. Requested results: That the rules contain clearer definitions of the terms "incidental," "occasional," "recyclable materials," "source-separated," "recycler," "construction, demolition and land-clearing debris," "Class A, B and C companies," "private carriage/hauler," "specialized carrier," "dump truck operations" and "solid waste."
42 (e) Exempt operations. This issue received a number of comments. Parties were polarized on the topic -- two distinct positions were represented among stakeholders. There were four main requested results presented through oral comments: 1) Draft rules to state that everything taken to a landfill for disposal is solid waste, and the carrier transporting it needs a solid waste certificate; 2) draft rules to close perceived loopholes allowing more transportation of solid waste by companies other than those holding solid waste certificates; 3) draft rules to allow companies other than those holding solid waste certificates to continue to participate in transportation of solid waste for disposal; and 4) clarify when a solid waste certificate is required, and when those holding common carrier permits may transport solid waste.
43 (f) Annexation/incorporation. Requested results: Amendment of the rule to include additional information to clarify the use of franchises, define compensation, define damages, and outline the process for returning a certificate to the prior certificate holder when a city opts out of providing service itself. A clearer statement of the processes outlined in the rule.
44 (g) Acquisition of control. Requested results: That the commission adopt a process related to acquisition of control that requires only provision of written notice to the commission, not an application.
45 (h) Temporary certificate authority. Requested results: Clarify the processes for granting temporary authority, protesting applications, intervening in application proceedings, docketing and notice of applications, and restricting commercial temporaries to only those customers submitting written support statements. More clearly define the rights of cities and counties to provide input.
46 (i) Mapping. Requested results: That the rule be amended to eliminate a requirement that companies file a new map within ninety days of the adoption of the rules. Clarify the benefits that would derive from better mapping for the regulated companies, the commission and the general public.
47 (j) Customer notice. Requested results: That the rule be rewritten to be less burdensome to regulated companies. Companies also want to retain the current process of providing notice through use of post cards.
48 (k) Compliance and enforcement. Requested results: That the rules be amended to strengthen the provisions related to illegal haulers, and at the same time develop policies that are less punitive toward regulated companies.
49 (l) Sanctions for illegal haulers. Requested results: Strengthen the sanctions against illegal haulers, eliminate technical assistance as the first option, and provide better protection for the regulated haulers.
50 (m) Annual reports. Requested results: That the annual report form be streamlined.
51 (n) Savings clause. Requested results: That this rule be deleted in its entirety, or that it be strengthened by including requirement that regulated carriers must also comply with all local government ordinances, regulations, etc.
52 Pursuant to notice, an issue-specific meeting addressing transportation of biomedical waste was held in Olympia on April 13, 2000. James Sells, WRRA, attended the meeting. Mr. Sells for the most part expressed agreement with the draft rules, suggesting only a few minor amendments for the sake of clarity. His suggestions were incorporated into the succeeding draft of the proposed rules. With that action, it appeared that consensus had been achieved on the rules relating to transportation of biomedical waste.
53 Pursuant to notice, an issue-specific meeting addressing the transportation of construction, demolition, and land-clearing debris was held in Olympia on May 15, 2000. Stakeholders in attendance were: William Hearn, Skamania County Sanitary Service; Shane Hearn, Bingen Garbage Service; Michelle Tsalaky, Thurston County Solid Waste Division; Don Nicholson, Sound Disposal; Jim Boldt, Rabanco; Andrew Shafer, Washington Trucking Associations, Dump Truck Conference; John Swartz, Washington Trucking Associations, Dump Truck Conference; Gerry Egland, Washington Dump Truck Conference; Rick Thompson, Harold LeMay Enterprises; Kathy Kiwala, Clark County Solid Waste Division; Ed Nikula, Sanitary Service Company; Ron Draggoo, Douglas County Solid Waste Division; John Lloyd, Harold LeMay Enterprises; Irmgard Wilcox, Murrey's Disposal; Tom Segale, Yakima Waste Systems; Don Hawkins, Murrey/American Disposal; James Sells, WRRA; Charlie Maxwell, Lakewood Refuse; Rob Nielson, Waste Connections; and, Ed Rubatino, Rubatino Refuse.
54 During the meeting, oral comments were received on the following issues:
55 (a) Exempt operations. Requested results:
| Development of clearer definitions of the terms "occasional," "incidental," "recyclable material," and "dump truck operations." | |
| Development of language that defines the roles of solid waste collection companies and dump truck operators in transportation of contaminated soils and construction, demolition, and land-clearing debris. Retain "historical" hauling rights of both solid waste collection companies and dump truck operators. | |
| Include language defining "dump truck operations" formerly found in WAC 480-12-990 in the solid waste rules. |
57 Pursuant to notice, an issue-specific meeting addressing only the topic of fuel surcharge tariff filings was held in Tumwater on June 6, 2000. Stakeholders in attendance were: Ed Nikula, Sanitary Service, Inc.; John Lloyd, LeMay, Inc.; Bill Chatham, CPA; Irmgard Wilcox, Murrey/American Disposal; Bob Schille, Waste Management; Mike Philpott, Stericycle; James Sells, WRRA; David W. Wiley, Williams, Kastner & Gibbs; Polly McNeill, Summit Law Group; Nanette Walker, CPA; Laura Reisdorf, WRRA; and, Mike Weinstein, Waste Management.
58 During the meeting, oral comments were received that stated:
59 (a) The participants believe that the commission needs to acknowledge that fuel cost spikes are easily recognized, can be easily-isolated in company books and records, and a simple, quickly-initiated process should be developed to help regulated companies recover the increased costs.
60 (b) Fuel surcharge filings should not require rate case treatment, the company should not have to sustain a heavy burden of proof.
61 (c) Solid waste collection companies should enjoy a "level playing field" with other regulated companies as relates to grant of fuel surcharges.
62 (d) Solid waste collection companies, and small companies especially, need a simple, easy to use methodology to be developed and adopted.
63 Requested results: That the commission authorize a simple methodology that allows carriers to recover spiking fuel costs without having to sustain a heavy burden of proof.
64 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on November 22, 2000, at WSR 00-23-132. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 00-23-132 at 9:30 a.m., Wednesday, December 27, 2000, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.
65 COMMENTERS (WRITTEN COMMENTS): The commission received written comments from Jeff Kelley-Clarke, Solid Waste Utility Director, Snohomish County; Lisa Friend, recycling educator; John Yeasting, President, WRRA Board of Directors; Rodney G. Hansen, Manager, King County Solid Waste Division; Kathy Kiwala, Solid Waste Program Manager, Clark County Department of Public Works; Polly L. McNeill, Summit Law Group, representing Waste Management of Washington, Inc.; David W. Wiley, Williams, Kastner & Gibbs, representing Waste Connections of Washington, Inc., Murrey's Disposal/Waste Connections, and Rabanco Companies; Jesse Tanner, Mayor, City of Renton; Michelle Tsalaky, Executive Director, WRRA (Ms. Tsalaky previously represented Thurston County during this rulemaking); Karen Van Gelder, Director, Environmental Services, MultiCare Health System; Fred Sheldon, Omak, Washington; Jeff Jarvis, Facilities Manager, Pike Place Preservation and Development Authority. Telephone comments were received from Ed Nikula, Sanitary Services, Inc.; John Lloyd, LeMay Enterprises; and, Peter Dodds, Senator Tracey Eide's office.
66 The written comments addressed the following issues:
67 (a) Request for inclusion of an amended definition. Rodney Hansen, King County, requested that the commission amend the rules to include additional definitional language that would allow small businesses to, at their option, choose to sign up for solid waste collection service under single-family residential tariffs. The commission did not follow this suggestion because RCW 81.77.020(8) states that solid waste collection service does not include collection or transporting recyclable materials from commercial or industrial generators, and RCW 81.77.020(9) states that solid waste collection does not include the transportation of recyclable materials except those collected from residences. The commission, thus, concluded that it does not have the authority to include the provisions requested by Mr. Hansen.
68 (b) Support of the rules. Fred Sheldon of Omak, Washington, commented only that he supported the solid waste rules. He did not address specific provisions.
69 (c) WAC 480-70-011 Exempt operations. Three comments were received regarding subparagraph (1)(e) of this proposed rule.
| Rodney Hansen of King County and Jeff Kelley-Clarke of Snohomish County asked the commission to modify the draft of WAC 480-70-011 (1)(e) to state that transportation of agricultural animal wastes, particularly that from what they termed to be "hobby stables," would be exempt from regulation as solid waste. The commission rejected this suggestion because it concluded that the waste from "hobby stables" is collected from residences and, thus, included in the definition of solid waste in RCW 81.77.010(9). To the extent that the stables are commercial operations, the current statutes would not define the manure as solid waste if it was recyclable, and would allow exempt operations by a recycling company or a nonprofit program for recycling and transporting the stable output for recycling through composting. RCW 81.77.010 (8), (9). To the extent that the stable owners described are residential customers, this exemption is not available. The counties may, of course, determine levels of service for residential recycling programs in their solid-waste plans, and may institute programs for on-site composting or recycling animal waste in the same manner as they have used for yard waste. | |
| Polly McNeill, Summit Law Group, requested that the commission revise the proposed rules to strike the word "landfill" from the final sentence of paragraph (1)(e). She stated that currently most solid waste is transported to a transfer station, not to a landfill, and deleting the word "landfill" would clarify the rule to reflect current practice. The commission adopted this suggestion. |
71 (e) WAC 480-70-041 Definitions, general. The commission received twelve written comments addressing specific definitions. The comments were:
72 (1) Business of transporting solid waste for collection and/or disposal for compensation. Michelle Tsalaky, WRRA, suggested that the commission amend this definition to include at the end of the definition a phrase which reads, "... and serve customers in a particular defined area." The reason offered for making this change was that the additional language would serve to emphasize that only carriers with certificate authority could be engaged in the "business of transporting solid waste for collection and/or disposal for compensation." The commission rejected this suggestion. WAC 480-70-016 and 480-70-081 already state that carriers transporting solid waste for compensation must first obtain a certificate from the commission, and that operations conducted without having first obtained a certificate are unlawful. Adding the phrase to this rule would be redundant. Additionally, the commission cites this definition when conducting classification proceedings. In such hearings, the commission determines whether a company is operating in the "business of transporting solid waste for collection and/or disposal for compensation" without having proper certificate authority. If yes, then the commission orders the offending company to cease and desist unlawful operations. The additional phrase would not add clarity to the rule; it could instead complicate classification hearings.
73 (2) Classes of companies. Michelle Tsalaky, WRRA, David W. Wiley, Williams, Kastner & Gibbs, and Polly McNeill, Summit Law Group, all suggested that the commission adopt a figure of five million dollars as the threshold dividing Class A from Class B companies. They stated that with the increase in disposal fees and other operating costs experienced by the solid waste industry in recent years, the current one million dollar threshold is too low, and an update of the threshold to five million dollars is appropriate. The commission adopted this suggestion.
74 (3) Commercial recycling service. Rodney Hansen of King County and Jeff Kelley-Clarke of Snohomish County requested that the commission amend the definition to add "agricultural generator" to the list of entities identified as participating in commercial recycling. The commission rejected this suggestion. RCW 81.77.010 (8) and (9) define commercial recycling. If the "hobby stables" referred to by the commenters are commercial establishments, they are already included in this definition, and inclusion of the term would be redundant. If the "hobby stables" are residential rather than commercial establishments, inclusion would conflict with the statutory definitions.
75 (4) Occasional. Polly McNeill, Summit Law Group, suggested the phrase "Any company holding itself out to the public to transport solid waste will be deemed to be providing solid waste collection services, even if the collection of solid waste is only a small portion of the company's operations or is performed only occasionally" be added to the definition of the term "occasional." The commission rejected this suggestion. The recommended language does not enhance or clarify the definition of the term "occasional." Further, WAC 480-70-011 and 480-70-016 already adequately address the concept engendered in the recommended addition; adding it to this definition would be redundant.
76 (5) Private carrier. Polly McNeill, Summit Law Group, suggested that the definition of private carrier be amended to indicate that a private carrier transports solid waste in the person's own vehicle, arguing that the definition has always included the phrase and the carriers believe it is an important qualifier that should be retained. The commission adopted this suggestion.
77 (6) Solid waste or solid wastes. Michelle Tsalaky, WRRA, suggested that "refuse" be added to the list of commodities that may be transported as solid waste, arguing that the term would add clarity. The commission adopted this suggestion.
78 (7) Solid waste collection. Polly McNeill, Summit Law Group, suggested this definition be amended to revert to the definition contained in the current rules, as the older definition consisted of more familiar phrasing and was largely a restatement of statutory language. The commission adopted this suggestion in part, combining Ms. McNeill's suggestion with language developed by staff. The resulting definition adopted by the commission reads as follows: "Solid waste collection means collecting solid waste from residential or commercial customers and transporting the solid waste, using a motor vehicle, for collection and/or disposal over the highways of the state of Washington, for compensation."
79 (8) Traditional solid waste collection company. Michelle Tsalaky, WRRA, and Polly McNeill, Summit Law Group, filed substantially duplicative comments on this definition. First, both suggested that language be added to the definition to indicate that traditional solid waste collection companies may also provide specialized solid waste collection service unless their certificates of authority restrict such activity. The commission adopted this suggestion. Second, both suggested that the term "regular" be stricken from the sentence defining the schedule under which traditional solid waste companies operate. Both stated that to do so would recognize the fact that traditional companies also provide on-call service. The commission rejected this suggestion. The definition of specialized service added to the rule in adopting the first suggestion includes providing on-call service. Thus, this second suggestion is unnecessary and duplicative.
80 (f) WAC 480-70-076 Regulatory fees. The commission received comments from three persons on this rule: David W. Wiley, Williams, Kastner & Gibbs; Polly McNeill, Summit Law Group; and Michelle Tsalaky, WRRA. Each requested that the date for filing of regulatory fees be changed from April 1 of each year to May 1. In addition, Ms. McNeill requested that a statement be included in the rule indicating the commission would not begin assessing late fees until May 1. The commission rejected these suggestions. RCW 81.77.080 requires that solid waste collection companies pay their regulatory fees by the April 1. Further, RCW 81.24.075 establishes the timeline for assessment of late fees. The suggested changes would conflict with those statutory provisions.
81 (g) WAC 480-70-131 Certificates, temporary. The commission received comments from three persons on this rule: Michelle Tsalaky, WRRA; Kathy Kiwala, Clark County; and Polly McNeill, Summit Law Group.
| All three suggested the commission amend subsection (4) of the rule. Ms. Tsalaky and Ms. Kiwala asked the commission to substitute the word "will" for the word "may" in the first sentence. Ms. McNeill suggested that the second sentence of the subsection be stricken and replaced with a sentence reading, "The commission will normally limit temporary authority to allow a company to provide service to only those commercial customers whose support statements are submitted with an application." The commission rejected these suggestions. These changes would unnecessarily limit the commission's discretion in granting temporary certificate authority. The proposed rule already limits the time a temporary certificate is effective, and provides for imposition of additional limitations and conditions if the commission decides they are warranted. The commission will decide what limits to impose on a case-by-case basis, depending on its examination of the facts demonstrating the need for the proposed service. | |
| Ms. McNeill recommended that subsection (2) be amended to delete the examples enumerated in subparagraphs (b)(i), (ii), and (iii). She recommended that the language instead be relocated to subsection (1) of proposed WAC 480-70-136(1). The commission partially rejected this suggestion, deciding that the language contained in the three subparagraphs provides clarity and, thus, should remain in the rule. The commission did, however, adopt the suggestion that the language also be contained in WAC 480-70-136. | |
| Ms. McNeill suggested that language be added to this rule stating that the commission will conduct a factual investigation into the need for proposed service before it grants temporary authority. The commission adopted this suggestion by adding a paragraph to the rule that states, "Before granting or denying an application for temporary authority, the commission will conduct an investigation to examine the facts relating to the need for the proposed service." |
| Ms. McNeill suggested that language from WAC 480-70-131(2) be relocated to this rule. The commission instead included the language in this rule as well as leaving it in WAC 480-70-131. Ms. McNeill suggested that language be added that states the commission will normally limit a grant of temporary authority to allow an applicant to serve only those commercial customers whose support statements are submitted with the application. The commission rejected this suggestion. The rule already states that the commission may limit expedited authority to service within a specific county, a specific city, a specific geographical area, a specific route, or a specific site. The commission believes this language is sufficient, and that to adopt Ms. McNeill's suggestion would unduly limit the commission's discretion. | |
| Ms. McNeill suggested that language be added to this rule to reflect that the commission will conduct an investigation into the facts relating to the need for proposed service before it grants temporary authority. The commission adopted this suggestion by adding a paragraph to the rule that states, "Before granting or denying an application for temporary authority, the commission will conduct an investigation to examine the facts relating to the need for the proposed service." |
| Ms. Kiwala suggested that the rule be amended to require notification to a county and/or input by the county in the processes involved in reinstatement of solid waste certificates due to city actions to opt into, or out of, providing collection services. The commission rejected this suggestion. RCW 81.77.120 already provides that counties will periodically provide information to the commission regarding solid waste issues. Further, the commission maintains mailing lists of persons interested in various issues or subjects. By notifying the commission of its interest in specific issues or subjects, the county will receive information on applications, dockets, and other commission actions. Including additional provisions in this rule would be duplicative and is unnecessary. | |
| Ms. Tsalaky suggested changes to the proposed rule to: (a) Clarify the date on which commission regulation ceases in annexed territory; (b) state that canceled certificate authority shall be reinstated instead of may be reinstated as is provided in the rules; (c) state that the previous certificate holder shall petition the commission instead of may petition the commission as is provided in the draft rules; and (d) replace the phrase "compensated for" with the phrase "purchased or condemned." | |
| Ms. McNeill suggested changes to the rule to: (a) Clarify that the rule applied to both annexations and incorporations; (b) clarify that authority is not canceled until the city complies with statutory requirements; (c) clarify that canceled authority shall be reinstated, rather than may be reinstated, where the appropriate standards have been met; (d) change the permissive language in subsection (5)(c) to a positive requirement; (e) recognize that certificates, and portions of certificates, may be transferred, thus effecting to whom authority is reinstated; and (f) delete the phrase "compensated for" by using instead the phrase "purchased or condemned." | |
| Mr. Tanner requested clarification as to whether commission regulation ceased on the date the commission received notification from the city or on the date the city made the decision to take over service. |
85 (j) WAC 480-70-151 Service agreements between companies. Michelle Tsalaky, WRRA, and David W. Wiley, Williams, Kastner & Gibbs, commented on this rule. Both suggested the rule be amended to indicate that companies wishing to enter into service agreements must first hold exclusive traditional solid waste collection authority rather than just exclusive authority as was stated in the proposed rule. They stated that this was necessary because the overlap of Class C specialized solid waste certificates, such as those authorizing statewide collection of medical waste, technically means that there are no exclusive solid waste certificates in the state of Washington. The commission adopted this suggestion.
86 (k) WAC 480-70-271 Customer notice requirements. The commission received comments on this rule from: Jeff Kelley-Clarke, Snohomish County; Polly McNeill, Summit Law Group; David W. Wiley, Williams, Kastner & Gibbs; and Michelle Tsalaky, WRRA.
| Mr. Kelley-Clarke suggested that subsection (1)(b)(ii) be amended to require that notice be sent to county commissioners or county council members. The proposed rule, requiring notice only to county commissioners, failed to acknowledge that some counties are governed by county councils and not by county commissions. The commission adopted this suggestion. | |
| Mr. Kelley-Clarke also suggested that subsection (1)(b)(ii) and (iii) be amended to require the company to notify designated county solid waste managers in addition to council or commission members. He stated that often materials mailed to elected officials do not get passed down to proper department heads in time to comment or answer questions from ratepayers. The commission rejected this suggestion. The commission believes notifying county commissioners or county council members is sufficient and that ensuring appropriate county staff members receive that notification is an obligation of the county, not the company. | |
| Ms. McNeill, Mr. Wiley, and Ms. Tsalaky suggested that subsection (1)(c)(iv)(D) be amended to indicate that separately stated costs for recycling service, yardwaste service, and solid waste service need not be shown on a customer notice if prohibited by local governments. The commission rejected this suggestion. The proposed rule governing the contents of bills to customers, WAC 480-70-391, requires separate line items for these services, if the company has separately tariffed rates for those services. The commission encourages the separate tariffing of these items. However, if they are not separately tariffed, then the requirement in the customer notice rule would not require that they be separately stated; it only requires this "if applicable," which would cover the concern the commenters express. | |
| Ms. McNeill, Mr. Wiley, and Ms. Tsalaky also suggested that subsection (2)(a)(vi) be amended to state that notice is not required until after the commission makes a final decision related to increases in either credits or charges to customers for recycling commodity adjustments. The draft rule addressed only commodity credits. The commission adopted this suggestion. | |
| Mr. Wiley suggested that the title of subsection (2) be amended to read "Customer notice after final commission action for rate adjustments outside the control of the solid waste collection company." He stated that the title of the paragraph was unclear, and additional cross-referencing of issues was required. The commission rejected this suggestion, electing instead to insert additional language in the rule to clarify application and cross-references. | |
| Mr. Wiley suggested that subsection (1)(c)(iii) be amended to require less verbiage on the customer notice to describe "a clear explanation of the reason the company has requested the rate change." Mr. Wiley stated that requiring this information might preclude short-form (postcard) notices currently used by some companies. The commission rejected this suggestion. The explanation of the reasons leading to filing for a rate increase need not be lengthy. A phrase such as "increased operating costs" or "increased labor costs" is sufficient to provide information to the company's consumers. | |
| Mr. Wiley suggested that subsection (1)(c)(iv)(B) be amended stating that requiring the listing of "the five most used services" was unnecessarily burdensome. The commission adopted this suggestion, changing the paragraph to require listing only four services. | |
| Mr. Wiley suggested that subsection (1)(c)(iv)(E) be amended to eliminate the requirement that a company must include a statement using a range of percentage increase and explaining how a customer could get more information, if a service is not listed on the customer notice but is, in fact, impacted by the filing. An example of the statement to be included is: "Rates for other services, not listed in this notice, will increase by XX% to YY%. For additional information you may contact (toll-free phone number)." Mr. Wiley stated that requiring such a statement could be confusing to the consumer and could result in additional calls to both the company and the commission by consumers requesting clarification. The commission rejected this suggestion. The requirement adds flexibility for the companies to make decisions on how to notice their customers. The company may list each service affected by the proposal, or include only some services and include the statement shown above. This information may be a key tool for customers to know whether to make further inquiries about the effect of the company's proposal. | |
| Ms. Tsalaky, WRRA, suggested that the provisions of subsection (1)(c)(iv)(E) be stricken from the draft. She stated no reasons in her written comments for the suggestion. Staff spoke with Ms. Tsalaky about WRRA's concerns regarding the proposal and explained the intent of the rule. Ms. Tsalaky submitted no further comments. As explained in the paragraph above addressing Mr. Wiley's comments on the same provision of the draft rules, the commission rejected this suggestion. |
88 (m) WAC 480-70-351 Recycling programs. The commission received comments from: Polly McNeill, Summit Law Group; Rodney Hansen, King County; Ed Nikula, Sanitary Service Company; and David W. Wiley, Williams, Kastner & Gibbs. They suggested the rule be amended to include charges as well as credits already contained in the proposed rule. The commission adopted this suggestion.
89 (n) WAC 480-70-361 Availability of information. The commission received comments from: Polly McNeill, Summit Law Group; Rodney Hansen, King County; Ed Nikula, Sanitary Service Company; Lisa Friend, recycling educator; Jeff Jarvis, Pike Street Market; Jeff Kelley-Clark, Snohomish County; John Yeasting, Washington State Recycling Association; Loretta Zammarchi, Yakima County Solid Waste; Gwen McCamley, New West Gypsum (USA); Frances Ambrose, Skagit County Public Works; New West Gypsum Company (USA); and David W. Wiley, Williams, Kastner & Gibbs.
| Ms. Zammarchi, Ms. McCamley, Ms. Ambrose, Ms. Friend, Mr. Yeasting, Mr. Hansen, Mr. Jarvis, and New West Gypsum (USA) stated their support for the rule as drafted. | |
| Ms. McNeill, Ms. Tsalaky, and Mr. Wiley suggested that the rule be amended to eliminate any provisions requiring companies to develop or distribute information that contained references to commercial recycling companies that operate as competitors to solid waste companies. They expressed concern about liability if a solid waste company overlooked a recycling company in developing material, and also about the propriety of passing costs of developing and distributing materials about nonregulated entities through to their regulated customers. Further, they stated that the provisions of the proposed rules would unfairly shift the responsibility regarding recycling and waste reduction education from the local jurisdictions to the companies. |
91 (o) WAC 480-70-381 Reinstatement of service following cancellation. David W. Wiley, Williams, Kastner & Gibbs, and Polly McNeill, Summit Law Group, commented on this rule. Both suggested the commission amend the rule to recognize that some customers may not wish to have service reinstated after they correct the causes leading to cancellation of service. The commission adopted this suggestion by adding language that states that following correction of the circumstances leading to cancellation, service will be reinstated unless the customer asks the company not to do so.
92 (p) WAC 480-70-396 Billing. The proposed rule states that if a company receives partial payment for a billing that contains charges for both regulated and nonregulated services, the company should apply payment first to regulated services. Kathy Kiwala of Clark County suggested that the rule be amended to add the phrase, "...unless the customer indicates otherwise." The commission rejected this suggestion. A regulated company should not have to accept and process payment on behalf of nonregulated entities when payments for regulated services are due and payable.
93 (q) WAC 480-70-416 Prepayments. Michelle Tsalaky of WRRA and Ed Nikula of Sanitary Service, Inc., suggested that the rule be amended to apply to both container and drop-box service, stating that carriers experience as many bad-debt problems with provision of temporary container service as they do with provision of temporary drop-box service. The commission adopted this suggestion.
94 (r) WAC 480-70-421 Fair use of customer information. The commission received comments from: Ed Nikula, Sanitary Service, Inc.; Michelle Tsalaky, WRRA; David W. Wiley, Williams, Kastner & Gibbs; and Kathy Kiwala, Clark County.
| Mr. Nikula, Ms. Tsalaky, and Mr. Wiley suggested that the rule be amended to allow companies to provide, absent written consent, customer information to title insurance and escrow companies when those companies request the information in the process of researching real estate titles or closing real estate transactions. They stated that title companies must inquire into the status of all utility bills when researching titles or closing real estate transactions. The commission rejected these suggestions. RCW 60.80.020 lists those utilities that must provide information to escrow and title agents. Solid waste collection provided under the provisions of chapter 81.77 RCW is not included in that list. If consumers wish the information be provided to title and escrow agents the consumer can give written authorization for release of the information. | |
| Ms. Kiwala suggested that provisions be added to the rule allowing release of customer information to cities, counties, and companies providing solid waste collection or recycling services under contract with a city or county. The information would be used by cities or counties to provide recycling service, distribute educational information, and perform public outreach. The commission rejected this suggestion. WAC 480-70-361 already establishes processes of distribution of educational materials, thus it need not be addressed in WAC 480-70-421 as well. Further, the commission believes that cities and counties have adequate sources of information available to them, such as business licenses and tax records, from which they can prepare mailing lists for providing customer information, noting that the universe of solid waste collection customers is only a subset of the universe of city or county citizens. |
96 (t) WAC 480-70-461 Biomedical waste, compaction not allowed. Karen Van Gelder of MultiCare suggested that this rule be amended to allow compaction of biomedical waste that had been processed and rendered inert and noninfectious. The commission rejected this suggestion. Materials that have been rendered inert no longer meet the definition of biomedical waste, and are thus not subject to the provisions of this rule. Amending the rule is unnecessary.
97 RULE-MAKING HEARING:
98 The rule proposal was considered for adoption, pursuant to notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on December 27, 2000, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad, and Commissioner William R. Gillis. The commission heard oral comments from Cathie Anderson, Penny Hansen, Jeff Goltz, C. Robert Wallis, Gene Eckhardt, Mary Tennyson, and Diana Otto representing commission staff, and from Michelle Tsalaky, representing the WRRA; Ed Nikula, representing Sanitary Service, Inc.; Bob Schille, representing Waste Management; David W. Wiley, attorney, representing Waste Connections and Rabanco Companies; James Sell, attorney, representing WRRA; John Lloyd representing LeMay Enterprises and Pacific Disposal; Marsha Patrick, representing MultiCare Health Systems; Ed Rubatino representing Rubatino Refuse Service; Don Kneass representing the Washington State Recycling Association; Robert Vern Pontius representing Pontius Trucking; and Bill Reed representing the King County Solid Waste Division (via the commission's telephone conference bridge). Oral comments addressed the following issues:
99 (a) WAC 480-70-361 Availability of information. Six persons commented on this proposed rule.
| Don Kneass, Washington State Recycling Association, suggested the commission adopt the version of WAC 480-70-361 Availability of information, published in the text noticed at WSR 00-23-132, rather than the amended version recommended in the staff's open meeting memorandum. He stated that the new language reverts to the status quo and will not result in additional persons receiving notice of recycling and waste reduction options. It was his belief that the previous language would be more beneficial in stopping the decline in the state's recycling rate, reviving the state's leadership in recycling, protecting the recycling industry's investment, and responding to the public's need to know about recycling opportunities. | |
| Michelle Tsalaky, WRRA, supported the revised draft of this rule, and opposed Mr. Kneass' suggestion that the commission adopt the earlier text of the rule. She did, however, indicate that additional language could be included to more clearly indicate that the options listed in subsection (7)(b)(i), (ii), and (iii) were a hierarchical progression. Ms. Tsalaky reiterated the solid waste haulers' concerns about being required to develop and distribute information that contained reference to other companies that compete with the haulers for commercial recycling accounts. Further, she stated that some companies had expressed concern about notifying customers of commercial recycling services they themselves offered under common carrier authority granted by the commission under chapter 81.80 RCW. Ms. Tsalaky further suggested that it be clarified in the rule that expenses incurred in distribution of information would be recoverable in rates. | |
| Bob Schille, Waste Management, stated that he supported the revised draft of the text, but also suggested that additional emphasis should be placed on collaboration between companies and local governments in developing required information. Mr. Schille, too, stated that he had concerns about notifying customers about services offered by competitors in the commercial recycling arena. | |
| Bill Reed, King County Solid Waste, supported the language in the text noticed at WSR 00-23-132, but believed that the hierarchy of options should be amended. He suggested that the first, most preferable option should be that contained in subsection (7)(b)(ii) of the draft and that the second option should be that contained in subsection (7)(b)(i) of the draft. | |
| Ed Nikula, Sanitary Service, Inc., suggested that subsection (7)(a)(i) be amended to delete the word "all." He stated that including the word "all" was too broad and could result in the companies being required to develop a voluminous document. | |
| James Sells, WRRA, suggested that subsection (7)(b)(iii) be amended to state, "... about all regulated service options and service levels..." He stated that by changing the phrase the intent of the rule would be more clearly reflected. |
101 The commission rejected Mr. Kneass' suggestion that the text noticed at WSR 00-23-132 be adopted instead of the amended language recommended in staff's open meeting memorandum. Following analysis of the original text, the commission believes the proposed provisions place too heavy a burden on companies to develop information, may expose the companies to unintended liabilities if in developing the information they overlook service providers, and may infringe on companies' free speech rights.
102 (2) The commission adopted the suggestions of Ms. Tsalaky and Mr. Reed to clarify and reorder the hierarchy of distribution options from that shown in the text noticed at WSR 00-23-132. The commission decided that requiring companies to distribute information developed, published, and provided by local governments is reasonable even if that information contains reference to waste reduction and/or other entities that provide commercial recycling services. The commission does agree with the solid waste companies, however, that if the company must develop and distribute information, due to the local government's choice not to do so, the company should not be required to reference competitive commercial recycling companies or even commercial recycling services provided by the company itself under permits issued under chapter 81.80 RCW. Companies may include reference to their commercial recycling services if they wish, but the commission does not believe they should be required to do so. (3) The commission rejected Ms. Tsalaky's suggestion that the rule contain language stating that costs incurred by the company in complying with the provisions of this rule would be properly recoverable in rates. To include such language in only this rule might imply that these costs are to receive special or different handling than the cost of complying with other rules. Further, the language is unnecessary as commission policies and regulatory accounting practices sufficiently describe the costs that are recognized in rate making.
103 (4) The commission rejected Mr. Nikula's suggestion to delete the word "all." In adopting suggestions made by other parties to clarify portions of the rule, the concerns Mr. Nikula addressed were also resolved.
104 (5) The commission adopted Mr. Sells' suggestion to clarify reference to regulated service options by amending the rule to indicate information a company develops, publishes, and distributes (when local governments do not provide the information) may include reference to a company's commercial recycling services, regulated under the provisions of chapter 81.80 RCW, but there is no requirement that they do so.
105 (b) WAC 480-70-041 Definitions, general. Three persons submitted oral comments on this issue:
| Robert Vern Pontius suggested that the provisions related to defining the differences between solid waste collection companies and dump truck operators be amended to allow those dump truck operators holding common carrier authority on January 1, 1994, to transport solid waste. Mr. Pontius stated that it has long been a traditional practice for dump truck operators to provide transportation of contaminated soils and construction, demolition, and land-clearing debris to disposal sites. He stated that is the reason many dump truck operators invested in specific types of equipment, and believed that adoption of the proposed rules would restrict dump truck operators from providing services that they had been providing for over forty years. He further stated that this is an unfair erosion of the authority he, and other dump truck operators, have exercised for many years. | |
| James Sells, attorney for WRRA, asked the commission to reject Mr. Pontius' suggestion, citing the commission's past policies and orders regarding the need for a solid waste certificate. He stated that the proposed rules clarified rather than restricted the lawful authority of dump truck operators. | |
| David W. Wiley, attorney, also asked that the commission reject Mr. Pointius' suggestion. He concurred with staff testimony that the text noticed at WSR 00-23-132 accurately reflected the distinction between solid waste operations and dump truck operations that had existed since 1961. He also agreed with staff testimony that commission orders, policies, and interpretations since 1961 have consistently reflected this same distinction. |
107 (c) WAC 480-70-271 Customer notice requirements. David W. Wiley, attorney representing Waste Connections and Rabanco, suggested that subsection (c)(iv)(E) be amended to read, "A statement that if a service is not listed in the notice, but is the subject of an increase contained in the proposal, the company also must explain how the customer can obtain more information on the rate increase proposal, if needed, and list a toll-free telephone number." He recommended this language, that eliminates the requirement that the company list a percentage range of proposed changes, because he believes that the proposed language of the rule will confuse customers.
108 The commission rejected Mr. Wiley's suggestion. Listing a percentage range in the rule provides a key tool that consumers may use to determine whether they need to inquire further into the specifics of a rate proposal. Further, these proposed notice requirements are designed to allow flexibility to the company in delivering customer notice. The company may list each service rate and accessorial service rate that will be changed by a proposal, or it may list some of those changes and include a statement to the effect that, "In addition to the items listed, other rates and charges will be increased between XX-percent and YY-percent. For additional information you may contact our toll-free number, (xxx)xxx-xxx." This proposal strikes a balance between the customer's right to know the details of a rate change and the company's burden in publishing a lengthy notice.
109 (d) WAC 480-70-456 Compaction not allowed, biomedical waste. Marsha Patrick, MultiCare Health Systems, suggested this rule be amended by adding language stating: "A company must not compact biomedical waste or any material in a container labeled as containing biomedical waste, unless it has been rendered noninfectious." The commission rejected this suggestion. Materials that have been rendered noninfectious (inert) cannot be shipped as biomedical waste or in containers labeled as containing biomedical waste. The material is no longer biomedical waste, and is not subject to this rule. Therefore, adding the suggested language to the rule is not necessary.
110 (e) WAC 480-70-151 Service agreements between companies. Ed Rubatino suggested that the word "traditional" be stricken from subsection (1)(a) of the proposed rule. He stated his belief that inclusion of the word "traditional" might limit his company's ability to lease equipment. The commission rejected this suggestion. The word "traditional" was included in the proposed rule at the specific request of those persons filing written comments on the draft rules. The inclusion of this word clarifies rather than restricts application of the rule. Further, this rule does not affect leasing of equipment to augment a company's fleet. Leasing, a separate issue, is addressed in WAC 480-70-211.
111 (f) WAC 480-70-396 Billing. John Lloyd, LeMay Enterprises and Pacific Disposal, suggested the rule be amended to allow companies that issue bimonthly bills to bill for two months in advance, or in lieu thereof, to clarify that the phrase "One-month advanced billing allowed" could be interpreted to mean the current month the bill is issued, plus one additional month in advance. Further, he asked if a billing issued on the first day of a month would be considered as meeting the definition of "current month, plus one additional month in advance." The commission rejected this suggestion. The commission does, however, clarify through this order that billing on the first day of a month for that month and the immediately following month does meet the intent of the phrase "current month, plus one additional month in advance." (See, paragraph 118.)
112 CHANGES FROM PROPOSAL: The commission adopts the proposal with the following changes from the text noticed at WSR 00-23-132.
113 (a) Those changes indicated as having been adopted by the commission and described in paragraphs 66 through 111 of this order.
114 (b) WAC 480-70-376 Service cancellation, company. Subsection (2) was amended to add delivery of a notice of impending cancellation of service by placing a written notice on the customer's primary residence door as another acceptable form of notice. This amendment was suggested by the commission's consumer affairs staff to allow companies greater flexibility in providing notice to consumers.
115 (c) WAC 480-70-386 Complaints. Subsection (1)(b)(i) was amended to clarify that extensions of time to report investigation results to the commission may be granted if requested and warranted. This amendment was suggested by the commission's consumer affairs staff to codify current practice.
116 (d) WAC 480-70-396 Billing. The chart contained in the rule was amended to indicate that the delinquency date could not be earlier than the last day of the second month if the company bills each two months, or the last day of the third month if the company bills on a quarterly basis. This amendment was suggested by the commission's consumer affairs staff to simplify the rule and make it more easily understood.
117 (e) WAC 480-70-411 Establishing credit and deposits. The first paragraph was amended to delete the sentence that read, "Deposits guarantee payment for the final billing period plus one month." This amendment was suggested by the commission's consumer affairs staff because they felt the statement was misleading as deposits do not guarantee payment.
118 (f) Typographical errors were corrected.
119 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that chapter 480-70 WAC should be amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 7, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 100, Amended 0, Repealed 67.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
121 Chapter 480-70 WAC is amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2). The WAC sections listed in paragraph 8 of this order are adopted. The WAC sections listed in paragraph 9 of this order are repealed.
122 This order and the rules set out in Appendix A, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.
DATED at Olympia, Washington, this 23rd day of March, 2001.
Washington Utilities and Transportation Commission
Marilyn Showalter, Chairwoman
Richard Hemstad, Commissioner
OTS-4512.3
PART 1 -- GENERAL ADMINISTRATIVE RULES
NEW SECTION
WAC 480-70-001
Purpose of chapter.
The legislature has
declared that operating as a solid waste collection company in
the state of Washington is a business affected with a public
interest and that such companies should be regulated. The
purpose of these rules is to administer and enforce chapter 81.77 RCW by establishing standards for:
Public safety;
Fair practices;
Just and reasonable charges;
Nondiscriminatory application of rates;
Adequate and dependable service;
Consumer protection; and
Compliance with statutes, rules and commission orders.
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(2) Cases of erroneous or doubtful interpretation of these rules by a solid waste collection company or customer are subject to appeal to the commission by any interested and proper party affected.
(3) Upon proper showing of any solid waste collection company, the commission may waive or modify as to that solid waste collection company the provisions of any rule in this chapter except when such provisions are fixed by statute.
(4) No deviation from these rules will be permitted without written authorization by the commission. Violation will be subject to the penalty provisions of chapter 81.04 RCW.
(5) A company in the business of transporting solid waste for collection and/or disposal from points in the state of Washington is not exempt from commission regulation under the provisions of:
(a) The Interstate Commerce Act. Commission regulation of solid waste collection companies includes regulation of the collection and transportation of solid waste between points in the state of Washington and from points in the state of Washington to out-of-state disposal locations; or
(b) The Federal Aviation Administration Authorization Act (FAAAA) of 1994. The FAAAA preempted state regulation of rates, routes and services of property carriers, but did not affect state regulation of solid waste collection companies.
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(a) The operations of a company conducted under a contract for solid waste collection service with a city or town (refer to RCW 81.77.020);
(b) The operations of a city or town that itself provides solid waste collection service (refer to RCW 81.77.020);
(c) The operations of a company conducted under a contract with any county, city or town for the collection or transportation of source-separated recyclable materials from residences (refer to RCW 81.77.130);
(d) The operations of any city or town that itself provides collection and transportation of source-separated recyclable materials from residences (refer to RCW 81.77.130);
(e) The operations of a recycling company or nonprofit entity collecting and transporting recyclable materials from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials when those recyclable materials are being transported for use other than disposal or incineration, or under agreement with a solid waste collection company (refer to RCW 81.77.140);
(f) The operations of a commercial or industrial generator of commercial recyclable materials in selling, conveying, or arranging for transportation of recyclable materials to a recycler for reuse or reclamation (refer to RCW 81.77.140);
(g) The operations of private carriers who, in their own vehicles, transport solid waste purely as an incidental adjunct to some other established private business owned or operated by them in good faith. This private-carrier exemption does not include persons transporting solid waste from residential sources, such as apartment houses or mobile home parks, in vehicles designed or used primarily for the transport of solid waste;
(h) The operations of carriers using special equipment to transport sewage or cesspool wastes as an incidental part of a septic tank or cesspool cleaning service; or
(i) The operations of carriers transporting loads either from a transfer station to a disposal site or between disposal sites (refer to RCW 36.58.050).
(2) The following collection and hauling operations are not regulated by the commission as solid waste:
(a) The operations of a carrier operating under a permit issued by the commission under chapter 81.80 RCW (motor freight) that occasionally transports to a disposal site, but whose primary business is not the collection of solid waste. This exemption does not apply if the carrier holds itself out to the public as a transporter of solid waste. Examples of this type of operation include, but are not limited to:
(i) A dump truck operator, who as a part of performing dump truck operations in conjunction with building or construction projects, hauls an occasional load to a disposal site; or
(ii) A household goods carrier who transports to a disposal site the used packing materials from a shipment of household goods that the carrier transported.
(b) A carrier collecting or transporting recyclable materials from a drop box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. This type of operation is regulated under chapter 81.80 RCW as transportation of general commodities.
(3) A carrier transporting commercially salable earth that is used as fill, road ballast, or aggregate is regulated under chapter 81.80 RCW as a transporter of general commodities.
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(2) In some instances carriers may be engaged extensively in both motor freight and solid waste collection operations. In cases where such operations are separable, carriers may be required to hold both a solid waste certificate under the provisions of chapter 81.77 RCW and a motor carrier permit under the provisions of chapter 81.80 RCW in order to provide both services. In each case it is within the discretion of the commission to determine whether a carrier is required to hold both a motor carrier permit and a solid waste certificate.
(3) In some instances, transportation of a specific commodity may be subject to commission regulation under the provisions of chapter 81.80 RCW, or as solid waste under the provisions of chapter 81.77 RCW, depending on the circumstances involved in the transportation of that commodity. For example, if soil is transported to a landfill to become part of the cover of the landfill, the transportation is subject to regulation as a motor carrier under the provisions of chapter 81.80 RCW. However, if the soil is being transported to a landfill merely for disposal, the transporter is subject to regulation as a solid waste collection company under the provisions of chapter 81.77 RCW.
(4) In determining whether operations require a solid waste certificate or a motor carrier permit, the commission will consider factors including, but not limited to:
(a) The intent of the shipper;
(b) The intended destination of the shipment;
(c) The actual destination of the shipment;
(d) Special handling or conditions placed on the shipment by the shipper and/or receiver;
(e) The value of the commodity being transported;
(f) Whether the carrier is primarily engaged in the business of providing solid waste collection or is primarily engaged in the business of providing a service other than the collection of solid waste; and
(g) Whether the carrier holds itself out to the public as a transporter of solid waste.
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(2) The commission retains the authority to impose additional or different requirements on any solid waste collection company in appropriate circumstances, consistent with the requirements of law.
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"Application docket" means a commission publication listing applications requesting operating authority, and commission action taken on applications for temporary authority.
"Biomedical waste" means the following types of waste:
"Animal waste" means waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
"Biosafety level 4 disease waste" means waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the Centers for Disease Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.
"Cultures and stocks" means wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes, but is not limited to, culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
"Human blood and blood products" means discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
"Pathological waste" means waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
"Sharps waste" means all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
| Note: | Certificates issued prior to the effective date of these rules may contain the terms "biohazardous waste" or "infectious waste" in describing services authorized. From the effective date of these rules, those permits shall be understood to allow the transportation of "biomedical waste." |
"Biohazardous or biomedical waste transporter" means any person who transports infectious waste over the highways in a quantity equal to or exceeding one hundred pounds per month for compensation.
"Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process.
"Business of transporting solid waste for collection and/or disposal for compensation" means those carriers who are primarily in the specialized business of solid waste for collection and/or disposal.
"Cancellation" means an act by the commission to terminate a solid waste collection company certificate; or an act by a carrier to discontinue the application of a tariff, a tariff supplement, or a tariff item.
"Certificate" means the certificate of public convenience and necessity issued by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW for the operation of solid waste collection companies.
"Certificated authority" means the territory and services granted by the commission and described in a company's certificate of public convenience and necessity.
"City regulation" means regulation of the operations of a solid waste collection company by a city through issuance of a contract.
"Classes of companies":
"Class A company" means a traditional solid waste collection company with an annual gross operating revenue from regulated, intrastate operations of five million dollars or more.
"Class B company" means a traditional solid waste collection company with an annual gross operating revenue from regulated, intrastate operations of less than five million dollars.
"Class C company" means a solid waste collection company that does not provide traditional residential or commercial solid waste operations. This class includes specialized carriers generally hauling specific waste products for specific customers or providing only on-call or nonscheduled service.
"Classes of service" means either commercial, specialized, drop box, or residential service.
"Company" means a solid waste collection company.
"Commercial authority" means authority to provide solid waste collection service to business, institutional, or industrial generators.
"Commercial recycling service" means transportation of recyclable commodities from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials when those recyclable materials are being transported for use other than landfill disposal or incineration. Commercial recycling is regulated under chapter 81.80 RCW.
"Commercial service" means solid waste collection service provided to a business, institutional, or industrial generator.
"Commission" means the Washington utilities and transportation commission.
"Common carrier" means any person who transports solid waste by motor vehicle for compensation.
"Construction debris" or "construction waste" means solid waste resulting from the building or renovation of buildings, roads and other man-made structures. Construction debris includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush.
"Contract carrier" means a person holding a certificate issued by the commission authorizing transportation of solid waste for collection and/or disposal under special and individual contracts or agreements.
"Demolition waste" or "demolition debris" means solid waste resulting from the demolition or razing of buildings, roads and other man-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper.
"Disinfect" means to cleanse by destroying harmful microorganisms.
"Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs. This term includes, but is not limited to, landfills, transfer stations, and incinerators.
"Dump truck operator" means a carrier holding a permit under chapter 81.80 RCW engaged in the operation of dump trucks and similar vehicles used in the transportation of sand, gravel, dirt, debris, and other similar commodities except solid waste. Dump truck operations are usually conducted during the daytime; are local in character; are somewhat seasonal, especially in connection with building or construction projects; and the value of the commodity transported is usually low.
"Filing" means any application, petition, tariff proposal, annual report, comment, complaint, pleading, or other document submitted to the commission.
"Garbage" means those materials of solid waste that are putrescible.
"Garbage and refuse." Whenever the phrase "garbage and refuse" is used as a qualifying phrase, it means either garbage or refuse, or both garbage and refuse.
"Hazardous waste" means any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262.
"Incineration" means to reduce the volume of solid waste by use of an enclosed device using controlled flame combustion.
"Incinerator" means a site where solid waste is reduced in volume by use of an enclosed device using controlled flame combustion.
"Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land-treatment facility.
"Land-treatment facility" means the site on which the practice of applying dangerous waste onto or incorporating dangerous waste into the soil surface so that it will degrade or decompose takes place. The term does not include applying waste onto or into the soil surface for the purpose of soil sweetening or soil amendment.
"Leachate" means water or other liquid that has been contaminated by dissolved or suspended materials due to contact with solid waste or gases.
"Motor vehicle" means any truck, trailer, semi-trailer, tractor or any self-propelled or motor-driven vehicle used on any public highway of this state for the purpose of transporting solid waste for collection and/or disposal.
"Multiple-family residence" or "multifamily residence" means any structure housing two or more dwelling units.
"Multifamily service" means residential service provided to multifamily structures or locations including, but not limited to, duplexes, apartments, mobile home courts, and condominiums.
"Nonputrescible" means not capable of being readily decomposed by microorganisms.
"Occasional" means occurring at irregular and infrequent intervals. The term is qualitative, not quantitative, in that the term applies to services that are only performed from time-to-time, not that the solid waste hauling is only a small part of services offered.
"Packer" means a device or vehicle specially designed to compress loose materials.
"Person" means an individual, firm, corporation, association, partnership, lessee, receiver, trustee, consortium, joint venture, or commercial entity.
"Private carrier" means a person who transports solid waste in the person's own vehicle purely as an incidental adjunct to some other established private business owned or operated by that person in good faith.
| EXCEPTION: | A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste is not a private carrier. |
"Private road" means a road not normally available for use by the public.
"Public highway" means every street, road, or highway in this state normally available for use by the public.
"Putrescible" means capable of being readily decomposed by microorganisms.
"Recyclable materials" means materials that are transported for recycling, reprocessing, reclamation, or for any process that extracts or modifies the commodity for reuse or another commercially valuable purpose.
"Recycling" means transforming or remanufacturing materials into usable or marketable materials for use other than landfill disposal or incineration.
"Refuse" means those materials of solid waste that are not putrescible.
"Residence" means the regular dwelling place of an individual or individuals.
"Residential authority" means authority to provide solid waste collection from residences.
"Residential recycling service" means collection of those solid wastes that are separated for recycling or reuse, such as paper, plastic, metals, and glass, that are identified as recyclable materials pursuant to a local comprehensive solid waste plan.
"Residential service" means solid waste collection from residences.
"Sewer sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW, and is transported to a site for disposal.
"Shipping paper" means a shipping order, bill of lading, manifest, or other shipping document serving a similar purpose and containing the information required in WAC 480-70-401.
"Small business" means any company that has fifty or fewer employees.
"Solid waste" or "solid wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to:
Garbage;
Rubbish;
Refuse;
Swill;
Ashes;
Industrial wastes;
Sewage sludge;
Demolition and construction wastes;
Abandoned vehicles or parts of abandoned vehicles; and
Source-separated recyclable materials collected from single and multifamily residences.
"Solid waste collection" means collecting solid waste from residential or commercial customers and transporting the solid waste, using a motor vehicle, for collection and/or disposal over the highways of the state of Washington for compensation.
"Solid waste collection company" means every common carrier, including a contract carrier, who provides solid waste collection service.
"Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
"Specialized solid waste collection company" means a company providing other than traditional solid waste collection service. Specialized companies generally haul specific waste products for specific customers, provide only on-call or nonscheduled service, or provide accessorial services not normally provided by traditional solid waste collection companies.
"State" means the state of Washington.
"Suspension" means an act by the commission to temporarily withhold a solid waste collection company's certificated authority; or an act by the commission to withhold approval of a company's tariff filing.
"Tariff" means a document issued by a company, and approved by the commission, containing the services provided, the rates and charges the company bills its customers for those services, and the rules describing how the rates and charges apply.
"Tariff service territory" means a company-defined geographic division of its certificated authority in which a specific tariff applies.
"Third-party waste broker" means a person or company acting on behalf of a generator of solid waste, usually an industrial or commercial generator, to arrange for collection and/or disposal of solid waste.
"Traditional solid waste collection company" means a company engaged in collecting and removing solid waste and recyclable materials from private homes, and/or removing solid waste from commercial establishments, industrial facilities, and other sites. Solid waste is normally picked up on a daily, weekly, or other regular basis. Drivers are usually assigned designated routes to collect curbside residential solid waste or transport cans or containers for commercial businesses. Unless the company's certificate is restricted against doing so, a traditional solid waste collection company may also perform specialized solid waste collection service.
"Transfer station" means a staffed, fixed supplemental facility used by persons and route collection vehicles to deposit solid wastes into transfer trailers for transportation to a disposal site. The definition does not usually include detachable containers. However, in counties with a population of less than seventy thousand, and in any county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand that is located east of the crest of the Cascade mountain range, if detachable containers are securely fenced, staffed by an attendant during all hours when the detachable container is open to the public, and tipping fees that cover the cost of providing the containers and the use of the facility are charged, then such detachable containers constitute a transfer station. (Refer to RCW 36.58.030).
"Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease by making it noninfectious. Any waste, except sharps, that has been treated is not considered biohazardous or biomedical waste, and may be considered to be solid waste for purposes and handling.
"Vehicle" means every device capable of transporting solid waste on a public highway. The term "vehicle" does not include devices moved by human or animal power or used exclusively on stationary rails or tracks.
"Yard waste" or "yard debris" means plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping, or similar activities. Yard waste includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris.
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(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purpose of the rule.
(5) The commission will issue an order granting or denying the request or setting it for hearing pursuant to chapter 480-09 WAC.
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(a) Electronic maps. A company may file an electronic map that is compatible with the commission's hardware and software. Before filing its map electronically, a company must contact the commission to determine whether its mapping software is compatible with that used by the commission.
(b) Paper maps. A company may file a paper map using United States Geological Survey (USGS) maps at a scale of 1:250,000 to show certificate boundaries. The commission may require maps at a scale of 1:24,000 to clearly resolve any inconsistencies. USGS maps are available through the Washington state department of natural resources and various private vendors.
(2) Map detail. Any map submitted to the commission must:
(a) Clearly show townships, ranges, streets, county lines, and any other feature described in the certificate;
(b) Be clearly labeled to identify the features described in the certificate;
(c) Have a north arrow;
(d) Have a map legend briefly describing the features on the map;
(e) Have a scale bar showing the distance on the map equal to a defined number of feet, miles or other unit; and
(f) Have a title box that includes the company's name as shown on the company's certificate, the company's registered trade name, the identification number of the company tariff to which the map applies, and a contact name and phone number.
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(2) Retention schedule table. The following schedule shows periods that companies must preserve various records.
| Type of Record: | Retention Period: | |
| 1. | Corporate and General Records: | |
| A. | Incorporation and reorganization records including: | |
| (a) | Charter or certificate of incorporation and amendments; | |
| (b) | Legal documents related to mergers, consolidations, reorganization, receiverships and similar actions that affect the identity or organization of the company. . . . | Refer to Note 1 |
| B. | Minutes of directors, executive committees, stockholders and other corporate meetings. . . . | Refer to Note 1 |
| 2. | Original certificate. . . . | Until cancellation |
| 3. | Contracts and agreements: | |
| (a) | Service contracts (management, accounting, financial or legal services) . . . . | Until expiration or termination plus three years |
| (b) | Contracts with employees and employee groups. . . . | Until termination plus one year |
| (c) | General contracts, leases and agreements. . . . | Until termination plus one year |
| 4. | Capital stock records. . . . | Refer to Note 1 |
| 5. | Long-term debt records: | |
| (a) | Bond indentures, underwritings, mortgages, and other long-term credit agreements. . . . | Until redemption plus three years |
| (b) | Registered bonds and debenture ledgers. . . . | Refer to Note 1 |
| (c) | Stubs or similar records of bonds or other long-term debt issued. . . . | Refer to Note 1 |
| 6. | Ledgers: | |
| (a) | General and subsidiary ledgers and indexes. . . . | Until discontinuance of use plus three years |
| (b) | Balance sheets and trial balance sheets of general and subsidiary ledgers . . . | Three years |
| 7. | Journals: | |
| (a) | General journals. . . . | Until discontinuance of use plus three years |
| (b) | Subsidiary journals and any supporting data necessary to explain journal entries . . | Three years |
| 8. | Cash books: | |
| (a) | General cash books. . . . | Until discontinuance of use plus three years |
| (b) | Subsidiary cash books . . . . | Three years |
| Note 1: | Records referring to this note should be maintained as determined by the designated company records supervisory official. In determining the length of time to retain these records, companies should consider the record retention requirements of the Internal Revenue Service, Securities and Exchange Commission, state and local jurisdictions, and other regulatory agencies. |
(a) Customer service records must be kept on file in the general office of the company for at least three years.
(b) Customer service records must be kept in alphabetical, service address, or service route order.
(c) Customer service records must show at least the following information:
(i) The name and service address of the customer;
(ii) The billing address of the customer, if different than the service address;
(iii) Categories and quantity of service provided, including extra services as they are provided;
(iv) Information required to provide, on customer request, a detailed description of the amount billed the customer;
(v) Amounts billed;
(vi) Amounts collected; and
(vii) Balance due.
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PART 2 -- ACCOUNTING REQUIREMENTS, REPORTING REQUIREMENTS AND REGULATORY FEES(a) The USOA defines accounting, financial, and other procedures the commission uses to determine if rates are fair, just, reasonable, and sufficient.
(b) The USOA contains accounting definitions, listings, and explanations of balance sheet and income statement accounts.
(2) The commission recommends companies maintain their financial and accounting records in concurrence with the USOA. Regardless of what accounting system a company uses, the company must maintain its books and records in a manner sufficient to complete the commission-issued annual report form, using figures that reconcile with the USOA.
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(a) Each year the commission provides an annual report form and instructions to each company at its address of record. Failure to receive the form does not relieve a company of its obligation to complete and file its annual report. A company that does not receive an annual report form must contact the commission to request a copy of the form.
(b) A company must file a complete, accurate annual report showing all requested information by May 1 of the succeeding year. Information provided on the annual report must agree with source documents maintained at company offices.
(c) The commission may grant an extension of time allowing the company to file its annual report after the May 1 due date if the commission receives a request for extension before May 1.
(d) The commission may issue penalty assessments or take action to suspend or cancel a certificate if a company fails to file its required annual report.
(e) A company selling, canceling, transferring, or in some other manner discontinuing operations must submit an annual report for that portion of the year in which the company operated.
(2) Other reports. The commission may require a company to file periodic or other special reports.
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(1) The maximum regulatory fee is set by statute at one percent of gross intrastate operating revenue. Each year, the commission may set the regulatory fee at an amount less than the statutory maximum. The minimum fee can be no less than one dollar.
(2) A company must pay its regulatory fee by April 1 of each year.
(3) The commission does not grant extensions for payment of regulatory fees.
(4) If a company does not pay its regulatory fee by April 1, the commission will assess an automatic late fee of two percent of the amount due, plus one percent interest for each month the fee remains unpaid.
(5) The commission may issue penalty assessments, or take action to suspend or cancel a certificate, if a company fails to pay its regulatory fee.
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PART 3 -- CERTIFICATES(2) Company name. The company name is the name of the certificate holder.
(a) A company electing to conduct operations under a trade name must first register the trade name with the commission.
(b) A company must conduct all operations under the company name or a registered trade name. The term "operations" includes, but is not limited to: Collection, billing, advertising, and identifying vehicles.
(3) Display. A company must keep the original of its certificate on file at its main office subject to inspection by any customer, law enforcement officer, commission compliance officer, or other authorized commission representative who asks to see it.
(4) Replacement. The commission will replace a lost or destroyed original certificate at no charge.
(5) Description of certificated authority. When a company's certificated authority is described using boundaries such as streets, avenues, roads, highways, townships, ranges or other descriptions, those descriptions or boundaries are established in the certificate as they existed at the time the commission granted the authority.
(6) Operating within certificated authority.
(a) A company must operate strictly within the authority described in its certificate.
(b) The commission may institute administrative sanctions against a company operating outside its certificated authority. Refer to WAC 480-70-216 for information regarding administrative sanctions.
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(2) The commission establishes the following fees for application filings:
| Certificate applications, including applications for new authority, extension of existing authority, transfer of authority, lease of authority, and reinstatement of canceled authority . . . . . . . . . . . . | $ 200 |
| Temporary certificate applications, including applications for new temporary authority, temporary authority to operate pending a commission decision on a concurrently filed certificate application, and applications for expedited temporary . . . . . . . . . . . . | $ 25 |
| Name change applications, including applications for change of corporate name, change of trade name, additional or new trade name, and change of surname of an individual owner or partner . . . . . . . . . . . . | $ 35 |
| Mortgage applications, including requests for permission to mortgage or otherwise encumber a certificate . . . . . . . . . . . . | $ 35 |
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(2) Applications must include all requested information, attachments, signed statements, and filing fees.
(a) The commission may reject or defer consideration of an application until the applicant provides all required information;
(b) The commission may reject or defer consideration of an application until the applicant pays any outstanding fees or penalties; or
(c) The commission may reject or dismiss an application if it includes false, misleading, or incomplete information.
(3) A certificate application must include, but is not limited to:
(a) A complete description of the proposed service and the line, route, or service territory using boundaries such as streets, avenues, roads, highways, townships, ranges, city limits, county boundaries, or other geographic descriptions;
(b) A map of the proposed line, route, or service territory that meets the standards described in WAC 480-70-056;
(c) If contract carrier authority is requested, a copy of each contract under which service will be performed;
(d) A statement of the applicant's assets and liabilities;
(e) A proposed tariff;
(f) A statement of conditions that justify the proposed service;
(g) An equipment list; and
(h) A statement of the applicant's transportation or solid waste industry experience, including knowledge of motor carrier driver and equipment safety requirements.
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(2) Content of notice. Notice may be accomplished by filing a letter with the commission. The letter must include at least the following information:
(a) The name, registered trade names, and certificate number of the acquired company.
(b) The date of acquisition.
(c) The names of the majority stockholders and the percent of stock each holds.
(d) The name, address, telephone number, telefacsimile number, and e-mail address of a contact person within the company to whom questions may be directed.
(e) The location (mailing address and physical address) where books and records of the acquired company will be retained.
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(a) New authority;
(b) Extension of existing authority;
(c) Transfer of authority;
(d) Lease of authority; and
(e) Reinstatement of authority when a city discontinues self-hauling or contracting for solid waste collection.
(2) Protests. A certificate holder may file a protest to an application on the docket. A solid waste collection organization, association, or conference may file a protest on behalf of existing certificate holders, specifying the names of the persons or companies in whose interest the protest is filed.
(a) Form of protests. Protests must:
(i) Be filed within thirty days of the date the commission mailed the application docket notice;
(ii) Be filed according to the provisions of WAC 480-09-420;
(iii) Specify the reasons for protest; and
(iv) Specify the protestant's interest in the proceeding.
(b) Failure to file protest on time. A person who is eligible to file a protest but fails to do so within the thirty-day protest period may not in any way participate further in the proceeding, unless that person can show that the commission did not provide proper notice of the pending application.
(3) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-09 WAC for information on intervention.
(4) Applications not subject to the docket and protest provisions of this rule. This rule does not apply to:
(a) Applications to reinstate a certificate canceled for cause under the provisions of WAC 480-70-166, when those applications are filed within thirty days of the cancellation date;
(b) Applications for expedited temporary authority;
(c) Applications for temporary certificated authority;
(d) Applications for name change; or
(e) Applications to mortgage a certificate.
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(a) The authority requested in the applications overlaps in whole or in part; and
(b) The subsequent application was filed within thirty days of the mailing date of the application docket notice of the original application.
(2) Applications for overlapping authority not filed within thirty days after the initial application docket notice will be decided after the conclusion of proceedings resolving the initial application and any other application qualifying for joint consideration.
(3) When applications consolidated by the commission for joint consideration also contain requests for territory or services not overlapping that requested in the other application, and the nonoverlapping services or territory may be appropriately severed, the commission may decide the nonoverlapping portions of the application separately from the portions that do overlap.
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(2) To obtain commission approval for sale, assignment, lease, transfer or mortgage, all parties to the transaction must file a joint application with the commission.
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(a) Change its corporate name;
(b) Change its trade name;
(c) Add a trade name to a certificate; or
(d) Change the surname of an individual owner or partner to reflect a change resulting from marriage or other legal action.
(2) When filing a name change application, the applicant must include:
(a) The application fee required by WAC 480-70-086;
(b) Copies of any corporate minutes authorizing the name change; and
(c) Proof that the new name is properly registered with the department of licensing, office of the secretary of state, or other agencies, as may be required.
(3) If a name change results from a change in ownership, including addition or deletion of a partner, the company must file an application to transfer the certificate pursuant to the provisions of WAC 480-70-116.
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(2) A person whose application has been dismissed for failure to appear at a hearing, or who has been found to be in default, may not refile the application for a period of six months from the date of the final order dismissing the application.
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(2) Public interest. The commission may grant a temporary certificate after determining that granting the requested authority is consistent with the public interest. In determining if the requested temporary authority is consistent with the public interest, the commission will consider factors including, but not limited to:
(a) The fitness of the applicant.
(b) The immediate or urgent need for the requested service due to circumstances such as, but not limited to:
(i) An emergency rendering it impossible for the existing company to provide service;
(ii) Commission action suspending or canceling the authority of the existing company; or
(iii) Lack of service.
(c) Whether the requested service is currently available from an existing company serving the territory; and
(d) Any other circumstances indicating that a grant of temporary authority is consistent with the public interest.
(3) Shipper support statements required. Applicants for temporary certificates must include signed and sworn support statements from one or more potential customers identifying all pertinent facts relating to need for the proposed service.
(4) Commission investigation of applications. Before granting or denying an application for temporary authority, the commission will conduct an investigation to examine the facts relating to the need for the proposed service.
(5) Special terms, conditions, and limitations. The commission may impose special terms, conditions, and limitations in connection with the grant of any temporary certificate. For example, the commission may limit temporary authority to provide service to only those commercial customers whose support statements are submitted with an application.
(6) Length of service allowed under temporary certificate. The commission may issue a temporary certificate effective for a period:
(a) Of up to one hundred eighty days when the area or service territory is not contained in another company's certificate;
(b) Of up to one hundred twenty days when the area or service territory is contained in another company's certificate; or
(c) That continues until the commission grants, denies, or dismisses a parallel certificate application for permanent authority, or until the temporary certificate is otherwise canceled, whichever happens first. The permanent certificate application must be filed within thirty days of the temporary certificate application or within thirty days of the order granting the temporary certificate.
(7) Docketing. The commission will publish the following on its application docket:
(a) Temporary certificates granted, including any terms and conditions attached to the grant of such authorities; and
(b) A list of all applications for temporary certificated authority that the commission considered and denied.
(8) Protests. An existing company may file a protest opposing a temporary certificate, if the area or service territory granted is contained in the existing company's certificate. A solid waste collection organization, association, or conference may file a protest on behalf of existing companies, specifying the names of the individuals or companies in whose interests the protest is filed. Protests must:
(a) Be filed with the commission in writing within twenty days after the date the commission mails the application docket;
(b) Contain a statement of the specific grounds on which the protest is made;
(c) Contain a statement of the protestant's interest in the proceeding;
(d) Be served on the applicant; and
(e) Be served on the applicant's representative, if one is stated in the notice.
(9) Disposition of protests. The commission may grant or deny a protest without hearing.
(10) Brief adjudicative proceedings. The commission may order a brief adjudicative proceeding on its own motion or at the request of a party.
(11) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-09 WAC for information on intervention.
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(1) Determining public interest. The commission will consider the following factors in determining whether granting expedited temporary authority is consistent with the public interest:
(a) A showing of an immediate or urgent need for the requested service due to circumstances such as, but not limited to:
(i) An emergency rendering it impossible for the existing company to provide service;
(ii) Commission action suspending or canceling the authority of the existing company; or
(iii) Lack of service.
(b) The presence or lack of available service capable of meeting the need; and
(c) Any other circumstances indicating that the grant of the expedited temporary authority is consistent with the public interest.
(2) Restrictions and limitations on expedited temporary authority.
(a) The commission may grant expedited temporary authority for periods of not more than thirty days.
(b) The commission may limit expedited temporary authority to providing service to the specific customer or customers supporting the application.
(c) The commission may further limit expedited temporary authority to service within a specific county, a specific city, a specific geographical area, a specific route, or a specific site.
(3) Application for expedited temporary authority. A company applying for expedited temporary authority must submit at least the following:
(a) An application on a form provided by the commission.
(b) Sworn statements from a customer or customers setting forth all pertinent facts relating to the need for service.
(c) Proof that the applicant holds insurance coverage in the amounts, and meeting the provisions, of WAC 480-70-181. Proof may consist of an insurance policy or a certificate of insurance.
(d) An application fee of twenty-five dollars.
(e) A statement that the company will comply with all applicable safety regulations including, but not limited to, those regulations relating to driver qualifications, hours of service, equipment safety, and drug and alcohol testing.
(4) Commission investigation of applications. Before granting or denying an application for temporary authority, the commission will conduct an investigation to examine the facts relating to the need for the proposed service.
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(a) A solid waste collection company regulated by the commission operating under a commission-issued certificate authorizing such service; or
(b) A city or town that self-hauls or contracts for service, exempt from commission regulation under the exemption for cities in RCW 81.77.020.
(2) City service -- Cancellation of certificated authority and termination of commission regulation.
(a) The commission will cancel the affected certificated authority and cease regulation in the affected area on the date that a city or town commences service as specified in its notice to the commission unless (b) of this subsection applies.
(b) If a city or town commences service before notifying the commission in writing, the commission will not cancel the affected certificated authority and cease regulation in the affected area until the date of receipt of the city's or town's written notice.
(3) Company responsibilities. When entering into a contract with a city or town to provide solid waste collection services, a regulated company must advise the commission within thirty days of the date of the agreement if the area to be served is contained in the company's certificated authority. Notice must include a cover letter, a copy of the executed agreement, and a map of the affected area. The map submitted must meet the standards defined in WAC 480-70-056.
(4) Compensation for canceled certificated authority. A company must notify the commission in writing within thirty days of a city or town purchasing or condemning all or a portion of its certificated authority. Notice must include a cover letter and a copy of the relevant document such as an ordinance, resolution, franchise, or contract.
(5) City service discontinued. When a city notifies the commission of its decision to discontinue providing solid waste collection service to the extent solid waste collection service is provided within the limits of a city or town:
(a) Except to the extent set forth in subsection (4) of this section, the previously canceled certificated authority will be reinstated, and a new or revised certificate will be issued to the previous certificate holder or its successor if the previous certificate holder, or its successor, petitions for reinstatement and:
(i) Prior certificated authority was canceled by city annexation or incorporation; or
(ii) Prior certificated authority was canceled by commencement of city service under RCW 80.77.020.
(b) The commission will consider all applications for new certificated authority if the previous certificated authority was purchased or condemned.
(c) The commission will consider applications for new certificated authority if no previous certificate holder exists.
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(1) The starting and ending dates of the agreement;
(2) The route or area in which service will be provided;
(3) The kind and minimum quantity of the commodities to be transported (the minimum quantity must be an amount sufficient to allow operation of the company's equipment at a profit);
(4) The rates agreed on by the parties;
(5) A description of the process for terminating the contract before the stated expiration date, that specifies that at least five days' notice must be given to the commission and to both parties before the termination process may be implemented; and
(6) A provision stating that the contract is subject to the authority of the commission to fix or amend just, fair, and reasonable classifications, rules, and minimum rates and charges for solid waste collection service.
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(a) Holds exclusive traditional authority for solid waste collection service in the territory to be served; and
(b) Lacks suitable equipment to adequately serve its customers, or is unable to provide service on a temporary basis due to situations such as, but not limited to, road closures, temporary weight limitations, or other temporary restrictions imposed by local jurisdictions.
(2) The commission must approve the agreement before any service is provided. To apply for commission approval, the companies must jointly file a copy of the written agreement at least fifteen days before the proposed effective date of the agreement. Companies may request the fifteen-day approval period be waived in the case of an emergency.
(3) The agreement filed with the commission must clearly state:
(a) The first company will bill customers for service provided by the second company at rates and charges contained in the first company's filed tariff.
(b) The first company will pay the second company for providing service in compliance with terms stated in the agreement.
(c) The beginning and ending dates of the agreement.
(d) A provision for early termination of the agreement that includes at least five days' notice to the commission and to each party.
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(a) Failure to maintain evidence of required liability insurance coverage for all areas of a company's operations;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to comply with the rates and rules contained in the company's filed tariff;
(d) Failure or refusal to comply with operating standards that protect the public health, safety or welfare;
(e) Allowing others to operate under a company's certificated authority without having first obtained commission approval; or
(f) Operating in a manner that violates the rights of customers and/or constitutes an unfair or deceptive business practice.
(2) Notice of suspension. The commission will issue an order notifying the company of the commission's action to suspend a certificate. Suspension is effective on the date the commission mails the suspension order (service date).
(3) Contest of suspension. A company may contest the suspension of its certificate by requesting a hearing or brief adjudicative proceeding.
(4) Suspension without opportunity for prior hearing. The commission may suspend a certificate without providing an opportunity for prior hearing if there is imminent danger to the public health, safety, or welfare, and there is insufficient time to conduct a hearing. If the commission invokes this suspension clause, the commission will, as soon as is practical, schedule a hearing or brief adjudicative proceeding to determine if the suspension should continue in force and effect.
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(a) Operating without proper insurance;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to correct within the time specified in a suspension order all conditions listed in the suspension order that led to the certificate's suspension;
(d) Continued violations of applicable laws and rules affecting the public health, safety, or welfare when the commission has reason to believe the company will not comply with those laws and rules following a specified period of suspension;
(e) Repeated failure or refusal to comply with applicable laws and rules pertaining to operations of solid waste collection companies;
(f) Failure to supply requested information needed by the commission in the performance of its regulatory functions;
(g) Submission of false, misleading or inaccurate information; or
(h) Allowing others to operate under a company's certificated authority without having first obtained commission approval.
(2) Cancellation hearing.
(a) The commission will normally hold a hearing prior to canceling a certificate, or will offer the company an opportunity for a hearing.
(b) No hearing will be held if an order of suspension issued by the commission stated a date by which a company must correct the causes that led to the suspension, and the company failed to take corrective action within the time frame shown in that order.
(3) Notice of cancellation. The commission will issue an order notifying the company of the commission's action to cancel a certificate. The cancellation is effective on the date the commission mails the cancellation order (service date).
(4) Contest of cancellation. A company may contest the cancellation of its certificate by requesting a hearing or brief adjudicative proceeding.
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(a) Corrects all conditions leading to the cancellation; and
(b) Files a certificate application to reinstate authority with proper application fee within thirty days of the cancellation service date.
(2) The commission may reinstate a certificate, or any portion of the operating authority contained in a certificate, canceled by city annexation or incorporation under the conditions specified in WAC 480-70-141.
(3) The commission may reinstate a certificate suspended under the provisions of WAC 480-70-161 if the company satisfies the terms of the suspension and all conditions leading to the suspension are corrected.
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(2) A company requesting commission approval to discontinue operations must give at least ten days' written notice to its customers, officials of cities and counties where affected customers reside, and the commission.
(3) A request for approval to discontinue operations must contain at least the following:
(a) The name, telephone number, mailing address, telefacsimile number (if any) and e-mail address (if any) of a contact person;
(b) An explanation of the company's reasons for requesting approval to discontinue operations;
(c) A statement of the number of customers, by class of service provided, who will lose service if the commission grants the requested approval to discontinue operations; and
(d) An explanation of options available to the customers who will lose service. For example: Names of landfills and/or transfer stations to which the customer may self-haul or the names of companies with overlapping certificates.
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PART 4 -- INSURANCE(a) The insurance policy must be written by an insurance company authorized to write insurance in the state of Washington.
(b) The insurance policy must include the Uniform Motor Carrier Bodily Injury and Property Damage Liability Endorsement (Form F).
(c) If a company operates without the required insurance coverage, the commission may take immediate compliance action as described in WAC 480-70-161 and WAC 480-70-166.
(2) Insurance limits. The minimum limits of required public liability and property damage insurance for motor vehicles operated by companies are:
| Vehicles that: | Must have bodily injury and property damage insurance or bond with the following minimum limits: |
| Have Gross Vehicle Weight Rating (GVWR) less than 10,000 pounds | $300,000 combined single limit coverage |
| Have GVWR 10,000 pounds or more | $750,000 combined single limit coverage |
| Transport quantities of biomedical waste not subject to federal regulation | $1,000,000 combined single limit coverage |
| Transport quantities of hazardous or biomedical waste that are subject to federal regulation | The federal minimum combined single limit coverage |
(3) Insurance filings. A company must file and maintain a Uniform Motor Carrier Bodily Injury Property Damage Certificate of Insurance (Form E) as a condition of being issued and maintaining a certificate.
(a) The Form E is a standard motor carrier insurance form recognized by the insurance industry and is normally filed with the commission by an insurance company rather than an insurance agent.
(b) The Form E must be issued in the company name exactly as it appears on the company's certificate or application for certificate.
(c) The Form E filing must remain in effect until canceled by a Notice of Cancellation (Form K). The Form K must be filed with the commission by the insurance company not less than thirty days before the cancellation effective date.
(d) A company may file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond (Form G) instead of the Form E.
(4) Insurance binders. The commission will accept an insurance certificate or binder for up to sixty days.
(a) An insurance certificate or binder may be canceled by written notice filed with the commission at least ten days before the cancellation effective date.
(b) An insurance certificate or binder must be replaced by a Form E within sixty days of filing, or before the expiration date, whichever occurs first.
(c) Insurance certificates or binders must show:
(i) The commission as the named insurance certificate holder;
(ii) The company name, exactly as it appears on the company's certificate or application for a certificate, as the insured;
(iii) The insurance company name;
(iv) The insurance policy number;
(v) The insurance policy effective and expiration dates; and
(vi) The insurance limits of coverage.
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(1) Dismiss a company's application for a certificate;
(2) Suspend a company's certificate under the provisions of WAC 480-70-161;
(3) Cancel a company's certificate under the provisions of WAC 480-70-166.
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PART 5 -- EQUIPMENT AND DRIVERS
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(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of ten thousand and one pounds or more, whichever is greater; or
(2) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
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| 49 CFR Part Adopted: | Portions Not Adopted: | ||
| Part 382 - | Controlled Substance and Alcohol Use and Testing | n/a | |
| Part 383 - | Commercial Driver's License Standards; Requirements and Penalties | n/a | |
| Part 390 - | Safety Regulations, General | (1) | The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they shall have the meanings assigned to them in WAC 480-70-041 (private vehicle) and WAC 480-70-196 (commercial motor vehicle). |
| (2) | Whenever the term "director" is used in Title 49 CFR, it shall mean the commission. | ||
| Part 391 - | Qualification of Drivers | (1) | A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.49 (waiver of certain physical defects), if that driver has obtained from the Washington department of licensing a driver's license with endorsements and restrictions allowing operation of the motor vehicle being driven. |
| (2) | A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.11(b)(1) (general qualifications age). A driver operating exclusively within the state of Washington may drive a motor vehicle if he or she is at least eighteen years of age. | ||
| Part 392 - | Driving of Motor Vehicles | n/a | |
| Part 393 - | Parts and Accessories Necessary for Safe Operation | n/a | |
| Part 395 - | Hours of Service of Drivers | n/a | |
| Part 396 - | Inspection, Repair, and Maintenance | n/a | |
| Part 397 - | Transportation of Hazardous Materials, Driving and Parking Rules | n/a | |
(2) Companies must:
(a) Maintain all motor vehicles in a safe and sanitary condition;
(b) Ensure that vehicles are free of defects likely to result in an accident or breakdown; and
(c) Make vehicles available for inspection by commission representatives.
(3) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-of-Service Criteria regarding the version adopted and where to obtain copies is set out in WAC 480-70-999. A company must not operate any vehicle placed out-of-service until after proper repairs have been completed.
(4) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until such time as the conditions causing the driver to be placed out-of-service have been corrected.
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(2) It is the company's responsibility to ensure that:
(a) A copy of the lease is carried in each leased vehicle;
(b) A copy of the lease is kept in the company's files during the effective period of the lease and for at least one year after the lease expires;
(c) A copy of the lease is provided to the owner of the leased vehicle;
(d) The company has complete possession, control, and use of the motor vehicle during the period of the lease;
(e) The leased motor vehicle is properly insured as specified in WAC 480-70-181;
(f) The leased vehicle is properly identified as specified in WAC 480-70-206;
(g) The leased vehicle is operated in compliance with all safety laws and rules, including those regarding vehicle inspection, records, and maintenance; and
(h) The terms of the lease are followed.
(3) If a company leases a vehicle with a driver, the company must also ensure that:
(a) The driver of the leased motor vehicle is on the company's payroll during the lease period;
(b) The driver operates in compliance with all driver qualification, safety and hours of service laws and rules;
(c) The driver is subject to the company's alcohol and controlled substance policies; and
(d) The company maintains appropriate files and paperwork on the driver for a period of at least one year following the expiration of the lease.
(4) The company and the owner of the leased vehicle must specify in the lease who is responsible for all expenses relating to the leased motor vehicle. The lease must contain all information shown in the following sample lease form. If a company uses an alternate form, the company must ensure the alternate form contains all information requested on the sample.
Illustration of motor vehicle lease form:
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PART 6 -- COMPLIANCE(2) The commission encourages voluntary compliance with statutes, rules, and commission orders.
(3) The commission will enforce statutes, rules, and commission orders through:
(a) A program emphasizing education and technical assistance.
(b) A compliance program including:
(i) Investigation and resolution of complaints;
(ii) Safety compliance reviews of drivers and equipment;
(iii) Economic compliance audits including, but not limited to, rates, charges, and billing practices;
(iv) Coordinated roadside enforcement; and
(v) Cooperative agreements with other agencies to enable effective enforcement and appropriate use of resources.
(4) Where necessary to ensure compliance with statutes, rules, and commission orders, the commission will pursue:
(a) Administrative actions that the commission believes will best ensure future compliance by the violating company, including, but not limited to, warnings, sanctions, or penalty assessments under the provisions of chapter 81.04 RCW;
(b) Suspension or cancellation of a company's certificate:
(i) When the commission believes education and penalties have not been, or will not be, effective to secure compliance;
(ii) For willful violations of legal requirements; or
(iii) For serious actions including, but not limited to, misrepresentation;
(c) Enforcement action against violators based on information collected by commission staff; or
(d) Proceedings in district and superior court.
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(a) A company that operates as a solid waste collection company without a certificate from the commission is subject to citation if observed or contacted by a representative of the commission or other law enforcement agency.
(b) If the commission receives information that a solid waste collection company is operating without a certificate, and a commission representative or other law enforcement agency has not observed those operations, the commission may:
(i) Issue a citation through the court; or
(ii) Contact the solid waste collection company and provide education and technical assistance concerning applicable regulations. This includes supplying the company with a copy of the applicable laws, rules, and certificate application forms.
(c) If the solid waste collection company continues to operate without a certificate after commission education and technical assistance is offered, the commission may institute an administrative proceeding to classify the company pursuant to RCW 81.04.510. If, as a result of that proceeding, the commission formally classifies the company as a solid waste collection company operating without the required certificate, the commission will issue a cease and desist order pursuant to RCW 81.04.510.
(d) If a company operates in violation of a commission order, the commission may impose penalties and/or take legal action in court.
(2) Operating while certificate is suspended. A company that operates after the commission suspends the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court;
(b) Monetary penalty assessments or other commission administrative actions; or
(c) Commission proceedings to cancel the company's certificate.
(3) Operating after certificate is canceled. A company that continues to operate after the commission cancels the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court; and
(b) Enforcement proceedings in superior court.
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PART 7 -- TARIFFS, RATES, AND RATE FILINGS"Bale" means material compressed by machine and securely tarped or banded.
"Bulky materials" means empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling.
"Commercial billing" means solid waste collection service:
Billed to a commercial customer; or
Billed to, and paid for, by a property manager or owner rather than a residential tenant.
"Compacted material" means material which has been compressed by any mechanical device either before or after it is placed in the receptacle handled by the collector.
"Loose material" means material not set out in bags or receptacles, including materials which must be shoveled.
"Pass-through fee" means a fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown.
"Permanent service" means container and drop-box service provided at the customer's request for a period of more than ninety days.
"Rate" means a price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service is performed to determine a charge.
"Rate design" and "rate structure" mean the relationship between rates charged for different solid waste service options offered to customers within the same class (residential, commercial or drop box). Neither of the terms includes setting specific rates for specific services.
"Residential billing" means solid waste collection service billed to and paid for by the resident.
"Solid waste receptacle" includes the following items, with the following meanings:
"Automated cart" means a cart designed to be picked up and emptied by mechanical means. The specific type and size are to be defined in rate items.
"Can" means a receptacle made of durable, corrosion-resistant, nonabsorbent material that is watertight, and has a close-fitting cover and two handles. A can holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. The maximum weight of an empty and filled can will be established in each company's tariff.
"Cart" means a wheeled plastic container. A cart may also be referred to as a toter. If supplied by a customer, a cart must be compatible with the collector's equipment. The size and type of cart that is compatible will be established in each company's tariff.
"Container" means a detachable receptacle (normally designed to hold at least a cubic yard of solid waste) from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicle.
"Drop box" means a detachable receptacle used to provide solid waste collection service by the receptacle being placed on the collector's vehicle by mechanical means and transported to a disposal site.
"Drum" means a metal or plastic container of approximately fifty-gallon capacity, generally used for oils or solvents. The maximum weight allowed in a drum will be established in each company's tariff.
"Litter receptacle" means a container not over sixty-gallon capacity, generally placed in shopping centers and along streets or highways for litter. The maximum weight allowed in a litter receptacle will be established in each company's tariff.
"Micro-mini can" means a can made of durable, corrosion-resistant, nonabsorbent material that is watertight and has a close-fitting cover. A micro-mini can may not hold more than ten gallons. The maximum weight allowed in a micro-mini can will be established in each company's tariff.
"Mini can" means a can made of durable, corrosion resistant, nonabsorbent material that is watertight and has a close-fitting cover. A mini can may not hold more than twenty gallons. The maximum weight allowed in a mini can will be established in each company's tariff.
"Recycling bin or container" means a bin or container designed or designated for the collection of recyclables. The size and type of recycling bin or container will be established in each company's tariff.
"Toter" means a wheeled plastic container. A toter may also be referred to as a cart. If supplied by customer, a toter must be compatible with the collector's equipment. The size and type of toter that is compatible will be established in each company's tariff.
"Unit" means a receptacle made of durable, corrosion-resistant, nonabsorbent material, that is watertight, and has a close-fitting cover and two handles. A unit holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. The maximum weight of an empty and filled unit will be established in each company's tariff.
Where agreed on between the company and the customer, and where allowable under local ordinance, a box, carton, cardboard barrel or other suitable container may be substituted for a solid waste can, for a single pick-up that includes removal of the container, if it meets the size and weight limits established in the carrier's tariff.
"Yardwaste bin or container" means a bin or container specifically designed or designated for the collection of yardwaste. Each carrier's tariff will refer to a specific type of yardwaste bin or container to be used by customers in a service area. The type, size, weight, etc., of this type of bin or container will often be set by local government plans or ordinances.
"Special pick-up" means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time, but which does not involve the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the company's tariff.
"Temporary service" means providing container or drop-box service at the customer's request, for a period of ninety days or less.
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(2) Additional regulatory requirements. Companies are also subject to additional rules regarding rate filings contained in chapter 480-09 WAC, including, but not limited to:
(a) WAC 480-09-015 - Submission of "confidential" information;
(b) WAC 480-09-101 - When communications are received;
(c) WAC 480-09-120 - Filing and service by telefacsimile; and
(d) WAC 480-09-300 through 480-09-335 - Filing requirements.
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(2) No company may assess rates and charges for solid waste collection service that are higher, lower, or different from those contained in its approved tariff.
(3) No company may accept a payment for service provided that is higher, lower, or different from the rates and charges contained in its approved tariff.
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(1) A title page;
(2) A rules section;
(3) A rates section; and
(4) A map.
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(2) The tariff maintained in company offices must be available for inspection on request by customers.
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(2) Rates and charges must be stated by unit and billing method. For example: Dollars and cents per can, per trip, per hour, per service, per week, per month, or other.
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(1) Do not contain all required information, including, but not limited to, that required by WAC 480-09-300 through 480-09-335;
(2) Do not comply with format rules;
(3) Are not accompanied by required maps;
(4) Reflect retroactive rate treatment;
(5) Are not filed in accordance with the notice requirements shown in WAC 480-70-261 through 480-70-276; or
(6) Contain provisions that conflict with state statutes or commission rules.
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(1) Initial tariff filings that accompany applications for certificated authority;
(2) Tariff adoptions filed under the provisions of WAC 480-70-321; and
(3) Tariff filings whose only purpose is to add a new service option or a service level which has not been previously included in the company's tariff, if that service option or service level is requested by a customer.
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(1) To implement decreases in rates or charges; or
(2) To add a new service option or service level that has not been previously included in the company's tariff.
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(1) Customer notice before commission action.
(a) Thirty days' customer notice requirement. A company must provide each affected customer a notice at least thirty days before the requested effective date when a company proposes to (see exceptions in subsection (2) of this section):
(i) Increase recurring monthly rates;
(ii) File a general rate case;
(iii) Institute a charge for a service that was formerly provided without charge; or
(iv) Restrict access to services (e.g., discontinue a service or limit access to service by imposing a new usage level on existing services).
(b) Who must receive a notice. A company must provide a customer notice to:
(i) Each customer that will be affected by the company's proposal;
(ii) County commissioners or council members in all counties where affected customers reside;
(iii) The senior officials of affected cities (e.g., mayor or city manager) where affected customers reside; and
(iv) The commission's designee for public affairs.
(c) Content of notice. The customer notice must contain, at a minimum:
(i) The date the notice is issued;
(ii) The company's name and address;
(iii) A clear explanation of the reason(s) the company has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, or increased office expenses, such as, postage, and customer billing);
(iv) For services the company proposes to change, a comparison of current and proposed rates that, at a minimum, must include:
(A) The minimum volume of service offered (e.g., mini can service);
(B) The four most used services, or if fewer than four services are offered in the customer class, all services (e.g., one-can, two-can, etc.);
(C) How often the rates will be billed (for example, monthly, bimonthly or quarterly);
(D) Separately stated rates for recycling service, yardwaste service, and solid waste service, if applicable;
(E) If a service is not listed in the notice, but the rates are affected, the company must list a range of percentage increases (e.g., five to ten percent increase), and explain how a customer can get more information, if needed, by listing a toll-free telephone number;
(v) The requested effective date and, if different, the implementation date;
(vi) An explanation that the commission has authority to set final rates that may vary from the company's request, depending on the results of the commission's investigation;
(vii) A description of how customers may contact the company toll-free if they have questions or need additional information about the proposal; and
(viii) Public involvement language. A company may choose from (A) commission-suggested language, or (B) company-developed language.
(A) Commission-suggested language:
If you would like to comment on this proposal, it is important for you to do so now. Comments may be submitted in writing or presented at the commission's open public meeting. If you have questions, or you would like to be added to the mailing list for this case, you may contact the Washington Utilities and Transportation Commission at P.O. Box 47250, Olympia, WA 98504-7250; 1-800-562-6150; comments@wutc.wa.gov; or 360-664-3604(telefacsimile).
(B) Company-developed language must provide:
A brief explanation of how to participate in the commission's process by attending an open meeting, writing a letter, e-mail (comments@wutc.wa.gov) or telefacsimile; and
How to contact the commission for information about the process or notification of the scheduled open meeting date, providing the commission's mailing address, and toll-free telephone number (1-800-562-6150).
(d) Notice methods permitted.
(i) Notice may be provided by bill insert, bill message, message printed on the back of the billing envelope, separate mailing, or by can tag.
(ii) A company may use separate customer notices for its residential customers and commercial customers as long as each affected customer receives notice.
(2) Customer notice after final commission action.
(a) Notice required. Each affected customer must receive notice on or with the first bill after the final commission decision when a company increases rates for:
(i) Nonrecurring charges (e.g., late payment fees, NSF fees, one-time charge, etc.);
(ii) Local taxes;
(iii) Disposal fee increases;
(iv) Fuel surcharges;
(v) Credits or refunds; and
(vi) Commodity credits and charges.
(b) Who must receive notice. In addition to each affected customer, a company must provide notice to:
(i) County commissioners or council members in all counties where affected customers reside;
(ii) The senior officials of affected cities (e.g., mayor or city manager) where affected customers reside; and
(iii) The commission's designee for public affairs.
(c) Content of the notice. At a minimum, the notice provided after final commission action must include:
(i) The effective date;
(ii) A clear description of changes to rates and services; and
(iii) A toll-free company contact number where customers may seek additional information.
(d) Methods of notice permitted. Notice may be provided by bill insert, bill message, message printed on the back of the billing envelope, separate mailing, or by can tag.
(3) Commission assistance on the customer notice. The commission's public affairs section is available to:
(a) Assist companies with customer notice questions;
(b) Review draft customer notice language; and
(c) Offer suggestions on draft customer notice language. If a company would like assistance, the company must submit the notice for review at least two working days before the planned notice printing date.
(4) Other customer notice. The commission may require additional notification to customers other than described in this rule when the commission is holding a public hearing in a contested case, or when the effect of a company's proposal may have a significant impact on:
(a) Customer rates;
(b) Access to services; or
(c) When the commission determines that additional customer education is needed.
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(1) Company identification information:
(a) Name and registered trade name;
(b) Certificate number;
(c) Address;
(d) Telephone number, e-mail address, and telefacsimile number; and
(e) Name and telephone number of a person to contact regarding the filing;
(2) Tariff identification information:
(a) Number of the tariff being amended;
(b) Identifying number and title of the tariff item(s) being amended; and
(c) Number of the tariff page being amended;
(3) Concise description of the provisions being proposed;
(4) Reason(s) for requesting LSN handling; and
(5) Effective date requested.
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(1) Tariffs must be on forms available from the commission or on comparable forms approved by the commission.
(a) Tariffs submitted on forms other than those obtained from the commission must conform to the commission-prescribed item numbering format. For example:
| Subject the item addresses | Must be in tariff item number: |
| Definition of terms | Item 20 |
| Residential rates | Item 100 |
| Disposal site rates | Item 230 |
(2) Tariffs must be filed in loose-leaf format.
(3) Tariffs must be typed or mechanically printed (not handwritten) using at least ten-point type.
(4) Tariffs must be printed on eight and one-half inch by eleven inch paper, with margins of at least one-half inch on each side.
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(1) By printing the appropriate code symbol immediately to the left of the material being changed. Approved symbols are:
| Code Symbol | used to indicate: |
| (R) | reductions in rates or charges |
| (A) | increases in rates or charges |
| (C) | changes resulting in neither increases nor decreases |
| (N) | new rates, services or rules |
| If the changes affect: | The notation must state: | The notation must be printed: |
| All rates and charges on a tariff page or on a tariff supplement page. | All rates and charges on this page are . . . . . (Company would state in the blank the nature of the changes, using one of following terms: | In the top margin of the page. |
| Increases | ||
| Decreases; or | ||
| Wording changes resulting in neither increases nor decreases.) | ||
| All rates and charges in a tariff. | All rates and charges on this page are . . . . . (Company would state in the blank the nature of the changes, using one of following terms: | In the top margin of each page. |
| Increases | ||
| Decreases; or | ||
| Wording changes resulting in neither increases nor decreases.) |
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(1) The certificate name of the company, its certificate number, and all trade names filed with the commission that the tariff applies to;
(2) An identifying tariff number;
(3) The number of any tariff being canceled by the tariff to which the title page applies (canceling a tariff also cancels all supplements applying to that tariff);
(4) The types of services covered by the tariff;
(5) A clear description of the territory in which the tariff applies;
(6) The date the tariff is issued and date it becomes effective;
(7) The name, title, telephone number, telefacsimile number (if any), and mailing address of the person who files the tariff; and
(8) A box that is at least three-fourths of an inch in height, spans from margin to margin and is labeled "for official use only."
Illustration of tariff title page:
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(1) A page header that includes:
(a) The identifying number of the tariff;
(b) A page number;
(c) A revision number;
(d) The name of the company filing the tariff; and
(e) Any applicable registered trade name.
(2) A page footer that includes:
(a) The name of the person filing the tariff;
(b) The date the page is issued;
(c) The date the page becomes effective; and
(d) A box that is at least three-fourths of an inch in height, spans from margin to margin and is labeled "for official use only."
Illustration of tariff page:
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(2) A rule that applies to only a specific rate or charge must be included in the same tariff item as the applicable rate or charge.
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(1) Issuing revised pages to the tariff. A revised page must have the same page number as the page it cancels. For example: "1st revised page 1" cancels "Original page 1."
(2) Issuing complete new tariffs. Each of the pages in a new tariff must be identified as an original page. For example: "Original Page 1," "Original Page 2," and so on.
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(2) Companies may not issue tariff supplements to make general rate increases.
(3) Supplements are subject to all applicable rules and procedures including transmittal letters, notice to customers and the commission, and proper tariff format. The commission will provide sample tariff supplement forms on request.
(4) Supplements to a tariff must be numbered consecutively. If a newly filed supplement cancels a previous supplement(s), that information must be clearly shown on the new supplement. For example: "Supplement 6 cancels Supplements 4 and 5."
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(2) When a company leases, transfers, or acquires a portion of the certificated authority of another company, it must file a new tariff reflecting the same rates as the prior company.
(3) When a company obtains operating control of another company, it must file a new tariff at the same rate levels as the prior company or adopt the existing filed tariff of the prior company.
(4) A company filing a tariff to comply with subsections (1), (2), and (3) of this section cannot raise rates in that filing. A separate rate increase filing must be made.
(5) To adopt existing filed tariffs, the company must file with the commission an adoption-of-tariff form, that must read as follows:
Illustration of adoption form:
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(2) Transmittal letter. A company must file two copies of a transmittal letter with each tariff filing submitted to the commission. The commission will stamp one copy of the letter and return it to the company as acknowledgment that the filing was received.
(a) The transmittal letter must include at least the following:
(i) The name, certificate number, and trade names of the company;
(ii) A description of each proposed change and a brief statement of the reason for each change;
(iii) The dollar and percentage amounts that revenue will change if the filing is approved by the commission;
(iv) The percentage amount that rates will change if approved by the commission;
(v) A contact person's name, mailing address, telephone number, telefacsimile number (if any), and e-mail address (if any); and
(vi) A statement that the company mailed a copy of the transmittal letter to the chair of the county commission or county council of each county affected by the filing.
(b) The transmittal letter accompanying a filing that increases rates or charges must also include the date customer notice was, or will be, mailed or delivered to all affected customers.
(3) Additional documents required.
(a) Filing due to governmental, or other entity, action. If the tariff filing results from action of another entity or governmental body, the company must file documentation of that action. For example: Ordinances, resolutions, and disposal site fee increase or decrease notices.
(b) Tariff filed by agent. If the tariff filing is made by a person other than an owner, partner, or corporate officer, the company must include with its tariff filing a statement granting authority for that person to file on behalf of the company. The statement must be signed by an owner, partner, or corporate officer, and may be incorporated into the transmittal letter accompanying the filing.
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(2) A company may publish free and reduced rates for collection services provided:
(a) To the United States, state, county, and municipal governments or municipal corporations;
(b) For charitable purposes; or
(c) To specific customer classes, as approved by the commission.
(3) If a company chooses to provide service at free or reduced rates, the company must publish in its tariff:
(a) The name of the customer or a detailed description of a customer class;
(b) The service provided; and
(c) The applicable rate(s), amount of reduction (such as, twenty percent), or if free, "$0.00" or "no charge."
(4) The company's owners or stockholders are responsible for the revenue not collected by providing service at free or reduced rates. Ratepayers will not subsidize the revenue a company donates by providing service at free and reduced rates.
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(2) The commission will not take action to suspend a tariff, or any part of a tariff, based on a complaint or protest unless the complaint or protest is filed in compliance with the commission's rules of practice and procedure as set out in chapter 480-09 WAC.
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(2) A company must not charge its drop-box customers disposal fees that exceed the actual cost to the company.
(3) A company must track fees charged at any disposal sites used and change its filed tariff as necessary to accurately reflect those fees.
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(a) Provides an incentive to the party who controls the actions or behaviors that the program intends to change;
(b) Defines measurable outcomes reasonably attributable to the proposed program; and
(c) May have any unintended results or consequences.
(2) Recycling credits or charges. Companies that estimate the revenue from the sale of recyclable materials collected in residential curbside programs as part of a deferred accounting program to return recycling revenues or charges to customers must use the most recent twelve-month historical period to estimate the revenue for the next twelve months.
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PART 8 -- CONSUMER RULES(a) Regular business hours. Regular business hours must include at least four hours each day between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays;
(b) Toll-free business telephone number; and
(c) Mailing address.
(2) Messaging. A company must have voice mail, an answering machine, or answering service to receive calls when company personnel are unavailable.
(3) Responding to customer inquiries.
(a) A company must respond to urgent messages within twenty-four hours and to all others within forty-eight hours, excluding weekends and holidays.
(b) A company must acknowledge and respond to a customer's written inquiry within two weeks of receipt.
(4) Notice of change in address or phone number. A company must advise current customers of any change in its address or telephone number at least ten days before the effective date.
(5) Notice of change in pick-up date. When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company must notify all customers in the affected area of that change. Notice may be made via mail, personal contact, or by a notice being affixed to the customer's solid waste can at least seven days before implementation of the new pick-up schedule.
(6) Consumer brochure. A company must provide a copy of the commission's consumer brochure to each new applicant for service, and must once a year notify its current customers of the availability of the brochure and how to obtain a copy. A company may copy the commission's brochure and may add appropriate company-specific information.
(7) Program information.
The commission requires that each new applicant for service, and, at least once a year the company's current customers, must receive a list, brochure, newsletter or similar document that describes available solid waste and recycling services:
(a) Material requirements defined. Materials may be provided by local government solid waste divisions or solid waste coordinators directly to the public, or to the solid waste companies for delivery. This information may include reference to available local commercial recycling service options, service levels, and to methods for reducing solid waste. If such materials are not available, or if they do not include the information described in (a)(i) and (ii) of this subsection, companies must provide materials. Materials prepared by a company must describe:
(i) All service options and service levels available to the customer through the company; and
(ii) Company methods and programs available to recycle and reduce solid waste. This information may contain reference to nonregulated commercial recycling services also provided by the certificated company.
(b) Delivery options defined.
(i) If local government solid waste divisions or solid waste coordinators provide materials to the company, the company must distribute those materials to the company's customers.
(ii) If local government solid waste divisions or solid waste coordinators do not provide information to the company, the company's obligations under the provisions of (a) of this subsection may be satisfied if the local government solid waste divisions or solid waste coordinators distribute the information as part of the local government's solid waste, recycling, and waste reduction educational activities.
(iii) If required materials are not distributed by solid waste divisions or solid waste coordinators as part of educational activities or the solid waste divisions or solid waste coordinators do not provide the information to the companies for distribution, the company must provide the materials described in (a) of this subsection.
(8) Information that must be available for review in company office. A company must make the following items available to customers for review at all times the company's business office is open. The company must notify its customers, either in its consumer brochure, a newsletter, or similar document that the items are available for customer review and state the location at which they are available for that review.
(a) The commission's solid waste rules, chapter 480-70 WAC;
(b) The company's current rates and regulations (tariff);
(c) The company's current certificate;
(d) The commission's consumer brochure; and
(e) A map of the company's service territory.
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(2) A company may refuse service to an applicant or cancel service to a customer when:
(a) The customer has not complied with state, county, or municipal regulations concerning the service.
(b) In the company's judgment, providing the service would be hazardous, unsafe, or dangerous to persons or property.
(c) In the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn arounds, or have other unsafe conditions.
(d) The customer has an overdue bill from the company for the same class of service at the same or a different location, and satisfactory arrangements for payment of the overdue unpaid bill have not been made. For purposes of this rule, class of service means residential service or commercial service.
(e) The customer requests service at a location where there currently resides a former customer who has an overdue bill from the company for the same class of service at the same location, and satisfactory arrangements for payment of the overdue bill have not been made.
(f) The customer has obtained or retained service from the company by dishonest or fraudulent means, for the purpose of avoiding debts, including, but not limited to:
(i) False statement of credit references or employment;
(ii) False statement of present or prior premises address;
(iii) Use of an alias or false name; or
(iv) Rotation of service among roommates or persons living together.
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(a) The customer:
(i) Has a delinquent bill (as defined in WAC 480-70-396);
(ii) Fails to keep any agreed-upon payment arrangement;
(iii) Abandons the premises;
(iv) Violates rules, service agreements or approved tariffs; or
(v) Fails to comply with state, county, or municipal regulations concerning the service;
(b) The company:
(i) Believes it would be hazardous, unsafe or dangerous to persons or property to provide service;
(ii) Believes that driveways or roads are improperly constructed or maintained, do not have adequate turn arounds, or have other unsafe conditions; or
(iii) Has evidence that the customer, for the purpose of avoiding debts, obtained service by dishonest or fraudulent means.
(2) Notice required. A company is not required to notify a customer before cancellation if the cancellation is due to danger to life or property, dishonest or fraudulent use, or violation of a law requiring immediate cancellation. In all other instances, a company shall not cancel service until it meets the following notice requirements.
(a) Before a company cancels service it must provide two cancellation notices to the customer. The notices must meet the criteria shown in the following table:
| The first notice: | The second notice: | ||||
| 1. | Must be mailed to the billing address. | 1. | Must be made at least twenty-four hours before the cancellation date and time specified in the first required notice. | ||
| 2. | Must contain at least the following: | 2. | Must allow the customer until 5:00 p.m. of the following business day to comply. | ||
| A cancellation date and time. The date and time must be not less than eight business days after the date the notice is mailed if mailed in the state of Washington. The date and time must be not less than 11 business days if mailed from outside the state of Washington. | 3. | Must be made by one of the
following: By telephone. A company must call the customer. If the company representative is unable to speak with the customer on the first attempt, at least one additional attempt must be made. If a customer has provided the company with a business or message telephone number, the second attempt may be made to that number. By personal delivery. A company providing notice by personal delivery must make at least one attempt to contact the customer. The company may personally deliver notice by placing a written notice or tag on the customer's solid waste can, container or drop box or on the primary residence door. |
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| All pertinent information about the reason for the cancellation. | |||||
| All pertinent information about how to correct the reason for cancellation. | 4. | Must contain at least the following: | |||
| A cancellation date and time. | |||||
| The company's name, address and toll-free telephone number by which to contact the company to discuss the pending cancellation. | All pertinent information about the reason for the cancellation. | ||||
| All pertinent information about how to correct the reason for cancellation. | |||||
| 3. | The company must maintain a written record of all cancellation notices issued. | The company's name, address and toll-free telephone number to contact the company to discuss the pending cancellation. | |||
| 5. | The company must maintain a record of attempts made to contact the customer. The record must show: | ||||
| The telephone number called; | |||||
| The date and time the call was made; and | |||||
| The result of the call. For example: Left a message, no answer, line busy, etc. | |||||
(a) No mutually agreed-upon arrangements. Cancellation notices expire ten business days after the first day that the company may discontinue service. If the company does not cancel service within ten business days, the notice process must start over.
(b) Mutually agreed-upon arrangements made. Cancellation notices do not expire if mutually agreed-upon arrangements have been made and confirmed in writing by the company. A company may cancel service without further notice if the customer fails to keep the agreed-upon arrangements.
(4) No cancellation while customer is pursuing a dispute. If the customer pays all undisputed amounts when due, and corrects any conditions posing a danger to health, safety or property, a company must not cancel service while:
(a) The customer is pursuing any remedy or appeal provided by these rules;
(b) The customer is attempting to resolve a complaint with the company's representatives; or
(c) The customer is attempting to resolve a complaint with the commission's consumer affairs section staff.
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(1) The responsible party corrects the causes of cancellation;
(2) The customer pays all proper charges due or makes satisfactory payment arrangements; or
(3) The commission or its staff directs reinstatement pending resolution of a dispute.
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(a) Complaints from customer. When a company receives a complaint from a customer or an applicant for service, it must:
(i) Acknowledge the complaint;
(ii) Investigate promptly;
(iii) Report the results of the investigation to the complainant;
(iv) Take corrective action, if warranted, as soon as appropriate under the circumstances;
(v) Inform the complainant that the decision may be appealed to a higher level representative of the company, if any;
(vi) Inform the complainant, if still dissatisfied after speaking with the higher level representative, of the commission's availability for review of the complaint; and
(vii) Provide the complainant with the commission's address and toll-free telephone number.
(b) Complaint referred by commission. When commission consumer affairs staff refer an informal complaint to the company, the company must:
(i) Investigate and report the results to the commission consumer affairs staff within two business days (the commission consumer affairs staff may grant an extension of time for responding to the complaint if requested and warranted);
(ii) Keep the commission consumer affairs staff informed of progress toward the solution; and
(iii) Inform the commission consumer affairs staff of the final result.
(c) Complaint record. A company must keep a record of all complaints concerning service or rates for at least one year. The record of complaints and rates must be made readily available for commission review. The record must contain:
(i) The complainant's name and address;
(ii) Date and nature of the complaint;
(iii) Action taken; and
(iv) Final result.
(2) Complaints to commission. Applicants, customers, or their representatives may file with the commission either:
(a) An informal complaint against the company under the provisions of WAC 480-09-150; or
(b) A formal complaint against the company under the provisions of WAC 480-09-500.
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(1) A missed collection, regardless of the reason the collection was missed; or
(2) As compensation for service quality problems, billing problems, or other problems experienced by the customer.
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(2) Advance billing and payment delinquency dates. The following chart defines the maximum period allowed for advance billing and the date when a bill may be considered delinquent:
| Billing period | Maximum
advance billing period allowed |
Delinquency date |
| One month's service (monthly) | No advance billing allowed | May not be less than twenty-one days after the date the bill is mailed |
| Two months' service | One month advanced billing allowed | May not be until the last day of the second month |
| Three months' service | Two months' advance billing allowed | May not be until the last day of the third month |
(3) Bills issued to customers must clearly show the company's name and applicable registered trade name, business address, and toll-free telephone number where a customer may contact the company. Bills must also show:
(a) Account information, including:
(i) The customer's name, service address, and billing address;
(ii) Company customer identification number, if any;
(iii) The billing period;
(iv) The date the bill was mailed;
(v) The date payment is due; and
(vi) The date the bill becomes delinquent;
(b) Rate information, including:
(i) The percentage amount or minimum charge for late payments (may not exceed one percent of the unpaid balance or one dollar, whichever is greater);
(ii) All rates or charges billed to the customer, shown as separate line items on the bill (for example: Service and size of container; yardwaste service and size of container; recycling service and recycling commodity adjustment);
(iii) Other tariffed services (for example: Drive-in charges, carry-out charges, and occasional extras); and
(iv) The percentage rate and dollar amount of any government tax or fee imposed on the company and passed on directly to customers;
(c) Other information as may be directed by the commission.
(4) If a customer initiates or terminates solid waste service within a month, monthly rates and charges must be prorated based on the number of pick-ups actually provided.
(5) The commission may allow consolidated billing for regulated and nonregulated activities.
(a) A consolidated billing must:
(i) Disclose nonregulated activity as a separate line item; and
(ii) Include a telephone number where the customer may contact the company providing the nonregulated activity.
(b) If a customer makes partial payment, a company must apply the payment to the regulated solid waste charges first.
(c) A company may not discontinue solid waste service if the customer does not pay for nonregulated services, but has paid in full for regulated solid waste service.
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(a) If the amount due is five dollars or less, an adjustment must be shown on the next regular bill.
(b) If the amount due is more than five dollars, the customer may accept an adjustment to the account or request a refund. If the customer elects to have an adjustment made, it must show on the next regular billing. If the customer chooses to receive a refund, the company must issue a check within thirty days of the request.
(2) Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or bill adjustment credit to the customer. The customer must be given a choice as to which option is preferred. The refund or credit must be the amount overcharged in the three years before the date of discovery.
(3) Prepayments. If a customer has paid service fees in advance, service is discontinued during the prebilled period, and the customer is due a refund, the following apply:
(a) A company must honor all requests for refunds of the unused portion of prepayments.
(b) If the customer provides a forwarding address to the company or one can be obtained from the U.S. Post Office, the company must issue a refund check no more than thirty days following the customer's request.
(c) If the customer cannot be located or did not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year.
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(1) Establishing credit - residential service. A company must not collect a security deposit if an applicant for residential service can establish satisfactory credit by any one of the following:
(a) The applicant had prior service with the company or another solid waste collection company for at least six of the twelve months before the application date and:
Service was not canceled for nonpayment;
The customer received no more than one delinquency notice; and
References with the other company may be quickly and easily checked. A company may request that the references from the previous company be in writing.
(b) The applicant had consecutive employment during the prior twelve months with no more than two employers and is currently employed or has a regular source of income.
(c) The applicant owns or has a legal interest in the premises being served.
(d) The applicant can furnish a satisfactory guarantor who will be responsible for payment of solid waste bills in the event of cancellation or default by the customer, in a specified amount, not to exceed the amount of the required cash deposit required.
(e) The applicant personally produces at the company's business office two major credit cards, or other credit references that the company may quickly and easily check, that demonstrate a satisfactory payment history.
(2) Establishing credit - commercial service. An applicant for commercial service may be required to demonstrate that it is a satisfactory credit risk by reasonable means appropriate under the circumstances.
(3) Deposit requirements. A company may require a deposit when:
The applicant has failed to establish a satisfactory credit history as outlined in subsections (1) and (2) of this section;
The applicant's service from another solid waste company was canceled for failure to pay amounts owing when due during the twelve months before the application date;
The applicant has an unpaid, overdue balance owing for similar service from the solid waste company to which application is being made or from any other solid waste company;
Two or more delinquency notices have been served on the applicant by any solid waste company during the prior twelve months; and
The application is to begin or continue service to a residence where a prior customer still lives and owes a past due bill to the solid waste company.
(4) Amount of deposit. Deposits required for a customer or
location must not exceed:
| Company billing period: | Maximum deposit amount allowed: |
| Monthly | Two-twelfths of the estimated annual billing |
| Bimonthly | Three-twelfths of the estimated annual billing |
| Trimonthly (quarterly) | Four-twelfths of the estimated annual billing. |
(5) Transfer of deposit. When a customer moves to a new address in the company's service territory, the deposit, less any outstanding past-due balance owing from the old address, must be transferred.
(6) Interest on deposits. Interest on deposits collected from applicants or customers must:
(a) Accrue at the rate calculated as a simple average of the effective interest rate for new issues of one-year treasury bills, computed from December 1 of each year, continuing through November 30 of the following year. The commission will annually mail a notice to solid waste collection companies advising them of the specific rate.
(b) Earn the calculated interest rate during January 1 through December 31 of the subsequent year.
(c) Be computed from the time of deposit and compounded annually.
(7) Extended payment arrangement of deposits. When an applicant or customer is required to pay a deposit but is unable to pay the entire deposit in advance of starting or continuing service, the company must allow the applicant or customer to pay on the following schedule:
Fifty percent of the deposit must be paid before service;
Twenty-five percent must be paid in each of the next two months.
(8) Receipt for deposit. A company must furnish a receipt to each applicant or customer for the amount deposited.
(9) Refund of deposits required. A company must refund deposits plus accrued interest when there has been satisfactory payment as defined in (a) of this subsection, or service is terminated.
(a) "Satisfactory payment" means a customer has paid for service for twelve consecutive months in a prompt and satisfactory manner as evidenced by the following:
The company has not started a cancellation process against the customer; and
The company has issued no more than two notices of delinquency to the customer.
(b) Termination of service. When service is canceled, the company must return to the customer the amount then on deposit plus accrued interest, less any amounts due to the company.
(10) Refund of deposits, manner. A company must refund any deposit, plus accrued interest, in the manner chosen by the customer at the time of deposit, or as modified on a later date. The customer must choose one of the following methods:
(a) A check issued and mailed to the customer no later than fifteen days following completion of twelve months of satisfactory payment, as described above; or
(b) A credit applied to the customer's account for service beginning in the thirteenth month.
(11) Additional deposit. Nothing in this rule prevents the requiring of a larger deposit or a new deposit when conditions warrant. A company requiring a new or larger deposit must specify the reasons in writing to the customer. Any requirement for a new or larger deposit must comply with the standards in this rule.
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(1) An amount not exceeding the estimated total due for delivery of the container or drop box, plus rent for the first month, plus pick-up charges and disposal fees for one month; or
(2) Fifty percent of the estimated total that will apply over the length of the service agreement.
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(2) Companies must use customer information only for:
(a) Providing and billing for services the customer requests;
(b) Marketing new services or options to its customers; or
(c) Providing information to its customers.
(3) Any sale or release of customer information without the written permission of the customer is prohibited. The only exceptions to this rule are:
(a) Release of information to the commission to investigate or resolve complaints filed with the commission by a customer;
(b) Sharing nonpayment information with agencies the company engages to act as the company's agent in pursuing collection of past due accounts; and
(c) Release of information of a former customer for purposes of WAC 480-70-411 (1)(a).
(4) Companies are allowed to collect and release customer information in aggregate form if the aggregated information does not allow any specific customer to be identified.
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PART 9 -- BIOMEDICAL WASTE RULES
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(2) Any company transporting waste, that meets either federal or state criteria as biomedical waste, must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.
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(2) A company must keep the biomedical waste operating plan:
(a) On file in the company's main office; and
(b) A copy must be carried in each motor vehicle used in transportation of biomedical waste.
(3) The biomedical waste operating plan must include provisions ensuring that:
(a) Biomedical waste is kept separate from any other solid waste until treatment or disposal;
(b) Only authorized and properly trained persons collect, transport, and dispose of biomedical waste;
(c) Unauthorized persons are prevented from having access to, or contact with, biomedical waste;
(d) Any motor vehicle used to collect, transport or dispose of biomedical waste is properly decontaminated;
(e) Employees are provided and required to use clean gloves and uniforms, and any other necessary protective clothing when collecting, transporting, and disposing of biomedical waste; and
(f) Appropriate methods are available to decontaminate any person exposed to biomedical waste during collection, transportation, and disposal.
(4) The biomedical waste operating plan must also include alternative storage, treatment and disposal sites in case of an accident or unavailability of the primary storage, treatment, or disposal site.
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(a) Develop, publish and maintain an employee training plan;
(b) Ensure that company employees are properly trained; and
(c) Certify that company employees are properly trained.
(2) The employee training plan must be kept on file in the company's main office, available for inspection by the commission, its authorized representatives, and customers.
(3) The employee training plan must include the following training elements:
(a) Safe operation of motor vehicles and motor vehicle equipment inspection procedures;
(b) Safe collection, transport and disposal of biomedical waste;
(c) Information on health risks associated with the collection, transport and disposal of biomedical waste;
(d) Emergency procedures for spills of biomedical waste, rupture of containers, and equipment failure;
(e) Notification procedures following a biomedical waste spill or repackaging of biomedical waste;
(f) Packaging and labeling requirements;
(g) Personal hygiene practices;
(h) Use of protective clothing and equipment;
(i) Contamination control procedures for vehicles and equipment; and
(j) Shipping-paper requirements.
(4) A company must maintain a file of certificates on each person trained. A suggested sample form for the certificate of employee training is:
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(2) Containers used for sharps waste (refer to WAC 480-70-041) must:
(a) Be impervious to moisture;
(b) Not rip, tear, leak, or burst under normal conditions of transportation;
(c) Be rigid and puncture-resistant; and
(d) Be labeled in accordance with applicable federal standards.
(3) A company transporting biomedical waste contained in bags or disposable containers must place the bags or disposable containers inside tightly covered pails, cartons, drums, or portable bins. The containment system, that may be any color, must be:
(a) Leak-resistant;
(b) In good repair; and
(c) Labeled in accordance with applicable federal standards.
(4) Reusable containers for biomedical waste must be thoroughly washed and decontaminated each time they are emptied.
(5) Packaging and containers marked or labeled as containing biomedical waste may not be used to ship or transport waste that does not meet the definition of biomedical waste.
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(a) Can be secured to limit access at all times, except by company personnel during loading and unloading;
(b) Are fully enclosed;
(c) Are leak-proof;
(d) Are made of nonporous material impervious to biomedical waste; and
(e) Are physically separated from the driver's compartment.
(2) A company may substitute a motor vehicle with a detachable cargo box that meets all the requirements of subsection (1) of this section.
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(a) Name and address of the generator of the biomedical waste;
(b) Name of the person representing the generator from whom delivery is accepted;
(c) Name of the company transporting the biomedical waste;
(d) Date and time of collection;
(e) Destination, naming final treatment, storage and disposal destination;
(f) The general type and quantity of biomedical waste collected by the company;
(g) A signature by a representative of the generator of biomedical waste, acknowledging delivery and compliance with all applicable federal, state and local rules regarding packaging and containment; and
(h) A signature by a representative of the company transporting the biomedical waste, acknowledging receipt.
(2) A legible copy of the shipping paper must accompany the shipment. At the destination, the shipping paper must be signed by a representative of the facility accepting the biomedical waste for treatment, storage or disposal, acknowledging acceptance.
(3) A copy of the shipping paper of each shipment must be kept on file by the company at its main office for three years. The shipping paper must be available for inspection by the commission or its authorized representatives.
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(2) All companies that transport biomedical waste must give authorized persons, as defined in subsection (1) of this section, a reasonable opportunity to inspect containers and motor vehicles, to review shipping papers, and to inspect other places incidental to the transportation of biomedical waste.
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PART 10 -- HAZARDOUS WASTE RULES
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(2) Any company transporting waste that meets either federal or state criteria as hazardous waste must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.
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PART 11 -- ADOPTION BY REFERENCE(1) The North American Uniform Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, 2000.
(b) This publication is referenced in WAC 480-70-201.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 40 Code of Federal Regulations, cited as 40 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on July 1, 2000.
(b) This publication is referenced in WAC 480-70-041.
(c) Copies of Title 40 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
(3) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October 1, 2000.
(b) This publication is referenced in WAC 480-70-201, 480-70-431 and 480-70-486.
(c) Copies of Title 49 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
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The following sections of the Washington Administrative Code are repealed:
| WAC 480-70-010 | Communications. |
| WAC 480-70-020 | Documents -- When filed. |
| WAC 480-70-030 | Remittances. |
| WAC 480-70-040 | Change of address. |
| WAC 480-70-050 | Definitions. |
| WAC 480-70-055 | Adoption by reference defined. |
| WAC 480-70-060 | Licenses. |
| WAC 480-70-070 | Certificates, no operation without. |
| WAC 480-70-080 | Operation under trade name. |
| WAC 480-70-090 | Certificates, must be filed main office. |
| WAC 480-70-100 | Certificates, secured by false affidavit. |
| WAC 480-70-110 | Certificate, sale, etc. |
| WAC 480-70-120 | Certificates, application for. |
| WAC 480-70-130 | Temporary certificates, application for. |
| WAC 480-70-140 | Certificates, description, hearing for clarification. |
| WAC 480-70-150 | Certificates, applications -- Notice to existing carriers. |
| WAC 480-70-155 | Contemporaneous applications. |
| WAC 480-70-160 | Certificates, qualifications for. |
| WAC 480-70-170 | Certificate, must abide by. |
| WAC 480-70-180 | Certificate, sale, etc. |
| WAC 480-70-190 | Miscellaneous fees. |
| WAC 480-70-200 | Certificates, duplicates. |
| WAC 480-70-210 | Certificates, reinstatement. |
| WAC 480-70-220 | Application fees forfeited-denied application, no renewal for six months. |
| WAC 480-70-230 | Dual operation. |
| WAC 480-70-240 | Tariff, naming rates and charges. |
| WAC 480-70-245 | Agreements to operate certificates. |
| WAC 480-70-250 | Insurance. |
| WAC 480-70-260 | Insurance endorsement. |
| WAC 480-70-270 | Insurance termination. |
| WAC 480-70-280 | Surety bond. |
| WAC 480-70-290 | Equipment of motor vehicles. |
| WAC 480-70-300 | Motor vehicles, identification. |
| WAC 480-70-310 | Motor vehicles, safety, sanitary, inspection. |
| WAC 480-70-320 | Motor vehicles, safe operation. |
| WAC 480-70-325 | Equipment -- Inspection -- Ordered for repairs. |
| WAC 480-70-330 | Drivers, hours of work. |
| WAC 480-70-335 | Out-of-service criteria. |
| WAC 480-70-340 | Annual fee. |
| WAC 480-70-350 | Accounts -- Uniform system adopted -- Reports. |
| WAC 480-70-360 | Contracts. |
| WAC 480-70-370 | Disabled motor vehicles -- Substitution. |
| WAC 480-70-380 | Equipment -- Order for repairs. |
| WAC 480-70-390 | Discontinuance of service, commission approval required. |
| WAC 480-70-400 | Driver qualifications, hazardous materials transportation, and equipment safety. |
| WAC 480-70-405 | Accident reporting. |
| WAC 480-70-410 | General application of rules. |
| WAC 480-70-420 | Penalty assessments. |
| WAC 480-70-430 | Rules, waiver. |
| WAC 480-70-440 | Solid waste collection companies statute applicable. |
| WAC 480-70-500 | Operational requirements. |
| WAC 480-70-510 | Training requirements. |
| WAC 480-70-530 | Packaging and containment. |
| WAC 480-70-540 | Transfer of biohazardous or biomedical waste to off-site treatment and disposal facilities. |
| WAC 480-70-550 | Shipping paper requirements. |
| WAC 480-70-560 | Insurance requirements. |
| WAC 480-70-570 | Reporting of accidents. |
| WAC 480-70-700 | Availability of information. |
| WAC 480-70-710 | Discontinuance of service. |
| WAC 480-70-720 | Reinstatement of service following discontinuance. |
| WAC 480-70-730 | Refusal of service. |
| WAC 480-70-740 | Refusal or discontinuance of service to premises because of former occupant's unpaid account. |
| WAC 480-70-750 | Deposits. |
| WAC 480-70-760 | Refunds -- Other than deposits. |
| WAC 480-70-770 | Form of bills. |
| WAC 480-70-780 | Pass through disposal fees. |
| WAC 480-70-790 | Complaints and disputes. |